Sex Offender Registration in California

California Penal Code 290 is the law that requires people convicted of some sex crimes to register as sex offenders, meaning registering with their local police annually within five days of their birthday and when they move to a new address.

Starting on January 1, 2021, Senate Bill 384 replaced the lifetime sex registration requirement in California with a three-tier registration system that does not require lifetime registration for most crimes.

For example, tier one requires registration as a sex offender for at least ten years for low-level misdemeanor sex crimes, such as sexual battery. Tier two requires registration as a sex offender for at least 20 years for mid-level offenses, and tier three requires lifetime registration as a sex offender.

California has a three-tier sex offender registration system based on the severity of the crime.

Under the new sex registration system, there are provisions for lower-tier offenders to apply to have their information removed from the registry. Simply put, the sex offender registration requirement is no longer a lifetime obligation for certain low-risk offenders.

The Sex Offender Registration Act says that you are required to register as a sex offender if convicted of certain sex crimes in California. Under SB 384, most convicted people must register for at least ten or 20 years.

People who are convicted of the most serious sex crimes will still have to register as a sex offender for life. “Registration” means they must keep their local law enforcement agency updated on where they live, work, or attend school.

The California Department of Justice (DOJ) maintains the registered sex offender database, which is displayed on the Megan's Law website. Before their release, sex offenders required to register are notified in writing of their duty to register, which is forwarded to the DOJ.

When released, they must register within five working days at the law enforcement agency having jurisdiction over their residence, which will also forward their registration information to the DOJ.

What Are the Registration Responsibilities for Sex Offenders?

As noted, California divides its sex offenders into tiers one, two, and three, each with a different registration period, as follows:

Tier 1 must register as sex offenders for ten years,
Tier 2 must register for 20 years,
Tier 3 must register as sex offenders for life.

SB 384 provides an extensive list of sex crimes and their registration tiers. California Penal Code 290 PC requires all sex offenders who were convicted of a crime that requires registration to submit their name, address, physical description, and criminal history to their local police station as follows: enforcement as follows:

Within five business days of being released from a county jail, state prison, or a mental hospital.
Within five business days of their conviction, if they were not sentenced to serve any jail time.
Within five business days of moving to a new address.
Renew registration annually within five business days of their birthday.

Suppose a sex offender does not have a permanent residence. In that case, they must register every 30 days as a transient offender.

Tier One Sex Offenders – Ten Years

Tier one sex offenders in California are considered low-risk and not likely to re-offend. Still, they must keep their registration current for at least ten years. Crimes under this tier are misdemeanors or other low-level sex offenses, such as the following:

Penal Code 243.4 PC - misdemeanor sexual battery,
Penal Code 314 PC - indecent exposure,
Penal Code 311 PC - misdemeanor child pornography
Penal Code 287 PC - misdemeanor oral copulation with a minor, but judges have the discretion not to order sex offender registration in some circumstances based on the ages of the victim and defendant,
Penal Code 266 PC - enticing a child to prostitution,
Penal Code 266c PC – unlawful sexual intercourse,
Penal Code 286 PC – misdemeanor sodomy without force, but judges have discretion not to require sex offender registration if the minor was at least 14 and within ten years of age of the defendant,
Penal Code 288.4 PC – misdemeanor arrange a meeting with a minor,
Penal Code 289 PC – misdemeanor foreign object penetration,
Penal Code 647.6 PC – first offense annoying a child.

Tier Two Sex Offenders – 20 Years

Tier two sex offenders In California are considered moderate-risk offenders and must keep their registration current for at least 20 years, including the following crimes:

Penal Code 287 PC - oral copulation with a minor under the age of 14 or with a victim who was unable to consent because of a mental illness or physical disability,
Penal Code 286 PC - sodomy with a minor under 14 or with a victim who was unable to consent,
Penal Code 261 PC – rape when the victim is at least 18 and unable to consent due to a mental illness or physical disability,
Penal Code 288.3 PC – contact a minor to commit a felony with the intent to commit PC 286 sodomy or PC 289 penetration with a foreign object,
Penal Code 289 PC – foreign object when the victim is unable to consent or when accomplished against their will by threats of retaliation,
Penal Code 647.6 PC – second annoying or molesting a child.
Penal Code 285 PC – incest.

Tier Three Sex Offenders – Lifetime Registration

Tier three is the highest risk category reserved for the most severe sex crimes. And require lifetime registration for the following sex crimes:

Penal Code 311 PC - felony child pornography convictions for PC 311.1, PC 311.11, PC 311.2, PC 311.4,
Penal Code 236.1 PC - sex trafficking of children,
Penal Code 287 PC - oral copulation by force, fear, or in concert with another person or when the victim is unable to consent due to intoxication.
Penal Code 261 PC - most instances of felony rape,
Penal Code 264.1 PC – felony gang rape in concert when acting with two or more people.
Penal Code 187 PC - murder during the commission of rape or the attempted commission of rape,
Penal Code 207/209 PC – kidnapping for a sexual act,
Penal Code 220 PC – assault with intent to commit a felony,
Penal Code 243.4 PC – felony sexual battery conviction,
Penal Code 266h and 266i PC – pimping and pandering of a minor,
Penal Code 266j PC – giving or transporting a minor under the age of 16 for lewd purposes,
Penal Code 267 PC – abducting or taking away a minor for prostitution,
Penal Code 269 PC – aggravated sexual assault of a child under 14,
Penal Code 286 PC – sodomy in concert with another or by force or fear,
Penal Code 288 PC – lewd acts with a minor under 14 or by use of force,
Penal Code 288.2 PC – sending harmful matter to seduce a minor,
Penal Code 288.3 PC – contact a minor with intent to commit a felony,
Penal Code 288.4 PC – felony arrange a meeting with a minor,
Penal Code 288.5 PC - continuous sexual abuse of a child,
Penal Code 288.7 PC – sex with a child under the age of 10,
Penal Code 289 PC – foreign object penetration by force or duress,
Penal Code 653f PC – solicit somebody to commit a sex crime,
Penal Code 667.71 PC – habitual sex offender,
Penal Code 667.61 PC – defendant was sentenced to 25 years to life,
Penal Code 290.4 PC – defendant above average risk sex offender.

Notably, judges can order a defendant to register as a sex offender for any offense, even when it's not on the long list under the Sex Offender Registration Act, if they determine the sex act was due to sexual compulsion or gratification.

Sexually violent predators must update their information every 90 days in California. They are described as someone who was convicted of a violent sexual crime and was diagnosed with mental disorders, rendering them a threat to public safety.

What is Megan's Law?

Megan's Law was passed in 1996 and requires the Justice Department to establish a searchable Internet database of specific sex offender registrations that the public can view. The database will include your name, picture, description, crime, and release date.

Whether your address appears online will depend on the type of sex crime conviction and your criminal history related to sex offenses.

This law is designed to keep citizens informed so they can protect their families from sex offenders who are considered higher risk. SB 384 changed Megan's Law, allowing some offenders to request exclusion from the list.

After their registration period has passed, Tier one and Tier two offenders can petition the court to have their information removed from the Sex Offender Registry by filling out and submitting Form CR-415. This means if you're a registered sex offender in California, you might be eligible to be excluded from the Megan's Law website under the following criteria:

Your sex crime did not involve oral copulation or penetration,
You completed probation for your crime,
The victim in your crime was your sibling, child, stepchild, etc.,
You have completed probation for your offense.

Notably, you can also apply to be excluded from Megan's Law website under the following situations:

You were convicted of PC 243.4, sexual battery by restraint,
You were convicted of PC 647.6, annoying or molesting a child,
You obtained a Certificate of Rehabilitation OR
You obtained an expungement.

Failure to Register as a Sex Offender

Failing to register as a sex offender in California at any time violates your probation. Anyone incarcerated is not eligible for relief from their registration obligation.

Suppose your sex crime conviction was a felony. In that case, failing to register is also a felony and will extend your registration period by three years. If your sex crime was a misdemeanor, failing to register is also a misdemeanor and extends your registration period by one year.

Notably, a failing to register conviction carries a minimum of 90 days in jail. Contact our California sex crime attorneys for more information.

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