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Penal Code 290 PC | Failure to Register as a Sex Offender
Penal Code 290 PC – Failure to Register as a Sex Offender in California
In California, individuals convicted of certain sex crimes are required to register as sex offenders with local law enforcement. This requirement is outlined in California’s Penal Code 290 PC. Failure to properly register or update registration information can result in misdemeanor or felony charges.
What Does Penal Code 290 PC Require?
Penal Code 290 PC, also known as California’s Sex Offender Registration Act, requires that individuals convicted of certain sex crimes must register as sex offenders with local law enforcement. This includes:
- Registering within 5 working days of being released from custody or placed on probation.
- Registering annually within 5 working days of their birthday.
- Registering within 5 working days anytime they change residences.
- Registering within 5 working days anytime they enroll, terminate enrollment, or change enrollment at any university, college, community college, or other institution of higher learning.
Registration involves providing a current photograph, fingerprints, name, aliases, address, place of employment, vehicle information, and any other information required by the Department of Justice.
Homeless offenders must reregister every 30 days. Those deemed “sexually violent predators” must reregister every 90 days.
What Crimes Require Registration?
Registration is mandatory for individuals convicted of certain felony sex offenses outlined in Penal Code 290(c). These include:
- Rape (PC 261)
- Spousal Rape (PC 262)
- Statutory Rape (PC 261.5)
- Incest (PC 285)
- Sodomy (PC 286)
- Lewd Acts with a Child (PC 288)
- Oral Copulation (PC 287)
- Continuous Sexual Abuse of a Child (PC 288.5)
- Sexual Battery (PC 243.4)
- Child Molestation (PC 647.6)
- Possession of Child Pornography (PC 311.11)
Registration may also be ordered at the discretion of the court for other sex offenses not listed above if the crime was committed for sexual gratification.
What Constitutes Failure to Register?
To convict someone of failure to register under PC 290, the prosecution must prove:
- The defendant was previously convicted of a crime requiring registration.
- The defendant resided in California.
- The defendant knew they had a duty to register.
- The defendant willfully failed to register or update their registration.
This means the failure to register must be an intentional, voluntary act. Simply forgetting or being unable to update registration due to hospitalization, for example, is not enough to convict someone.
What Are the Penalties?
Failure to register as a sex offender can be charged as either a misdemeanor or felony:
- Misdemeanor – Up to 1 year in county jail and/or a fine up to $1,000. This applies when the previous sex offense was a misdemeanor.
- Felony – 16 months, 2 years or 3 years in state prison and/or a fine up to $10,000. This applies when the previous sex offense was a felony.
Penalties may be enhanced for those with prior convictions for failure to register.
Are There Defenses?
There are several legal defenses that may apply in failure to register cases:
- Lack of knowledge – The defendant can argue they were never informed or did not understand their duty to register.
- No willful failure – The defendant can claim the failure to register was not intentional or voluntary. For example, hospitalization prevented them from updating registration.
- No change of address – The defendant never actually changed residences so there was no duty to update registration.
- Statute of limitations – Depending on the circumstances, the statute of limitations may have expired before charges were filed.
- Failing to register as a sex offender may also violate probation terms if the defendant is still on probation.
- There may be immigration consequences for non-citizens charged with failure to register. Deportation is possible.
- Convictions can impact professional licensing, such as loss of a teaching credential.
- Those convicted may be prohibited from owning firearms.
- There is a stigma associated with being labeled a registered sex offender. Neighbors are notified and personal information is publicly searchable.
Recent Changes to California Law
Recent changes to California law have imposed additional registration requirements on sex offenders:
- SB 384 – As of 2021, offenders must now provide all email addresses, usernames, instant messaging aliases, and other Internet identifiers to law enforcement.
- SB 145 – As of 2021, judges have discretion on whether to impose registration for certain offenses, like oral copulation and sodomy, between consenting adults within 10 years of age of each other.
Hiring a Defense Lawyer
Those charged with failure to register as a sex offender face severe penalties and stigma. An experienced criminal defense lawyer can often negotiate with prosecutors for reduced charges or punishments. They may also be able to get charges dismissed by raising legal defenses.
It’s important to consult with a lawyer immediately if charged with failure to register. Early intervention can sometimes prevent formal charges from even being filed.
Conclusion
California’s sex offender registration requirements aim to protect public safety by keeping tabs on convicted offenders after they complete their sentences. Failure to properly register as a sex offender is a criminal offense under Penal Code 290 PC. Charges can be either misdemeanors or felonies depending on the circumstances.
Complying with registration laws is extremely important for anyone convicted of a sex crime in California. Violations can lead to new charges, fines, and incarceration. Those accused of failure to register should immediately consult with an experienced sex crimes defense lawyer. Counsel can often negotiate reduced penalties or get charges dropped altogether.