If your child is accused of a sexual offense in California, you should speak with our highly experienced juvenile sex crimes defense lawyers. With our successful representation of numerous minors accused of sex crimes, we can provide you with the reassurance and confidence you need during this challenging time. Our expertise in this field is unparalleled, and we are here to guide you through the legal process. Convicted juvenile sex offenders face harsh penalties under California law, and it's crucial to have a strong legal team on your side.
There is also a fast-growing trend among law enforcement to aggressively investigate juvenile sex crimes because of the tragic consequences sometimes associated with these acts. Additionally, due to modern technologies, more juveniles are being charged with sex crimes. Oftentimes, these crimes are not the same as adult sex offenses, but if convicted, the penalties can be equally as severe and life-altering.
Many teenagers are being charged with sex offenses such as sending, receiving, and distributing child pornography, called “sexting.” Teens take nude or provocative photos of themselves and text, forward, or email them to peers and friends. Many photos end up on social media and networking websites. Law enforcement has become increasingly likely to arrest teens for child pornography and sexting charges.
Based on the age of the minor and the alleged crime, the prosecution can charge a minor and try that minor as an adult if they are 14 years old or older. California Welfare and Institutions Code 707(b) outlines what crimes qualify as serious enough to warrant adult treatment and punishment.
Under California Penal Code 290.008 PC, juveniles are required to register as sex offenders for most crimes that would otherwise require registration as an adult. However, the rules for juveniles differ from those for adults, both in terms of how registration works and how the information is shared with the public. The California Sex Offender Registry (CSOR) is a database that contains personal information about individuals convicted of certain sex crimes.
The purpose of the registry is to provide the public with access to information about sexual predators and pedophiles who are living or working in their neighborhoods. This information includes the offender's name, address, photograph, and details about their conviction.
Sex Crimes Requiring Registration
Juveniles convicted of certain sex offenses must register as sex offenders once they are discharged or paroled after being declared wards of the court. Registration applies to offenses that are serious and directly tied to sexual misconduct. Examples including the following:
- Assault with intent to commit rape, sodomy, or oral copulation (PC 220).
- Lascivious acts with a child under 14 years of age (PC 288).
- Sexual penetration by force, fear, or threats (PC 289).
- Aggravated sexual assault of a child (PC 269).
- Kidnapping with intent to commit a sexual offense (PC 207 or 209).
- Spousal rape with force, violence or threat of great bodily harm (PC 262).
- Forcible sex in concert with another (PC 264.1).
- Abduction of a minor for prostitution (PC 267).
- Sodomy with a child under 14 years old (PC 286(c)).
- Sodomy with a person under 18 years old (PC 286(b)(1)).
- Sodomy or oral copulation by force, or violence (PC 286(c)(2)).
- Continuous sexual abuse of a child (PC 288.5).
- Annoying or molesting a child (PC 647.6).
These sex offenses are considered severe violations of the law, regardless of whether the individual is a juvenile or an adult, and they carry significant consequences, including the obligation to register as a sex offender. The severity of these consequences should serve as a stark reminder of the importance of understanding and adhering to the laws surrounding juvenile sex crimes. It's a serious matter that requires immediate attention and action.
Juvenile vs. Adult Sex Offender Registration
The law treats sex registration differently for minors than it does for adults. These differences reflect the justice system's recognition that juveniles are still developing and deserving of tailored treatment based on their age and circumstances.
Under California Penal Code 290 PC, adults convicted of sex offenses are subject to a three-tiered system of registration, which determines both the duration of their registration and the severity of their offense. For adults, tiers are categorized as follows:
- Tier 1: Registration for 10 years.
- Tier 2: Registration for 20 years.
- Tier 3: Lifetime registration.
However, for juveniles, the system has two tiers under Penal Code 290.008:
- Tier 1: Registration for a minimum of 5 years, which applies to less severe offenses that are not classified as serious or violent felonies.
- Tier 2: Registration for a minimum of 10 years, which applies to serious or violent felonies, which are defined under Penal Code Sections 667.5(c) and 1192.7(c).
Juveniles have the opportunity to petition the court to terminate their registration obligation after serving the required minimum period (5 or 10 years, depending on their tier). This process is designed to give juveniles a chance to demonstrate their rehabilitation and move forward with their lives. Evidence of rehabilitation can include completion of treatment programs, academic achievements, and positive community involvement. This emphasis on rehabilitation should provide hope and optimism for juveniles and their families. It's not the end, but a chance for a new beginning.
Public Access
The most significant distinction between juvenile and adult sex offender registration is the level of public access to the information. Adult sex offenders are generally listed on a public sex offender database in compliance with Megan's Law, a publicly accessible database that includes names, photographs, and addresses of registered offenders.
However, juvenile offender registration is not typically published on the Megan's Law registry. The law recognizes the importance of protecting minors from the stigma of lifelong public identification. Unless a juvenile offender is tried and convicted as an adult, their registration remains private and is visible only to law enforcement and relevant authorities. This protection of privacy is designed to provide a sense of security and protection for juveniles and their families.
What Does PC 290.008 Say?
The full text of California Penal Code 290.008 PC says -
"(a) Any person who, on or after January 1, 1986, is discharged or paroled from the Department of Corrections and Rehabilitation to the custody of which they were committed after having been adjudicated a ward of the juvenile court pursuant to Section 602 of the Welfare and Institutions Code because of the commission or attempted commission of any offense described in subdivision (c) shall register in accordance with the Act unless the duty to register is terminated pursuant to Section 290.5 or as otherwise provided by law.
(b) Any person who is discharged or paroled from a facility in another state that is equivalent to the Division of Juvenile Justice, to the custody of which they were committed because of an offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses described in subdivision (c) shall register in accordance with the Act.
(c) Any person described in this section who committed an offense in violation of any of the following provisions shall be required to register pursuant to the Act:
(1) Assault with intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 under Section 220.
(2) Any offense defined in paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, Section 264.1, 266c, or 267, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, Section 286, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, Section 287, Section 288 or 288.5, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, former Section 288a, subdivision (a) of Section 289, or Section 647.6.
(3) A violation of Section 207 or 209 committed with the intent to violate Section 261, 286, 287, 288, or 289, or former Section 288a.
(d) (1) A tier one juvenile offender is subject to registration for a minimum of five years. A person is a tier one juvenile offender if the person is required to register after being adjudicated as a ward of the court and discharged or paroled from the Department of Corrections and Rehabilitation for an offense listed in subdivision (c) that is not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
(2) A tier two juvenile offender is subject to registration for a minimum of 10 years. A person is a tier two juvenile offender if the person is required to register after being adjudicated as a ward of the court and discharged or paroled from the Department of Corrections and Rehabilitation for an offense listed in subdivision (c) that is a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
(3) A person who is required to register as a sex offender pursuant to this section may file a petition for termination from the sex offender registry in the juvenile court in the county in which they are registered at the expiration of their mandated minimum registration period, pursuant to Section 290.5.
(e) Prior to discharge or parole from the Department of Corrections and Rehabilitation, any person who is subject to registration under this section shall be informed of the duty to register under the procedures set forth in the Act. Department officials shall transmit the required forms and information to the Department of Justice.
(f) All records specifically relating to the registration in the custody of the Department of Justice, law enforcement agencies, and other agencies or public officials shall be destroyed when the person who is required to register has their records sealed under the procedures set forth in Section 781 of the Welfare and Institutions Code. This section shall not be construed as requiring the destruction of other criminal offender or juvenile records relating to the case that are maintained by the Department of Justice, law enforcement agencies, the juvenile court, or other agencies and public officials unless ordered by a court under Section 781 of the Welfare and Institutions Code.
(g) This section shall become operative on January 1, 2021.
(h) For purposes of this section, a discharged person shall include all of the following:
(1) A ward in the custody of the Department of Corrections and Rehabilitation, Division of Juvenile Justice on or after July 1, 2022, who, prior to discharge, is returned by the division or the chief probation officer of the county to the court of jurisdiction for alternative disposition, specifically due to the statutorily required closure of the division. The division shall inform the ward of the duty to register prior to the ward being returned to the court.
(2) A patient described in Section 1732.10 of the Welfare and Institutions Code. The division shall inform the patient of their duty to register immediately prior to the division's closure.
(3) A person described in Section 1732.9 of the Welfare and Institutions Code. The Department of Corrections and Rehabilitation shall inform the person of the duty to register immediately prior to the person being returned to the court of jurisdiction.
(i) The court of jurisdiction shall establish the point at which the ward described in subdivision (h) is required to register and notify the Department of Justice of its decision."
Why You Need a Defense Lawyer
This sex registration requirement also applies to minors who committed sex crimes in other states and then came to California. As noted above, sex crimes that require registration include assault with intent to commit rape, sodomy, oral copulation, or possibly other sex-related offenses. The length of registration depends on the severity of the offense committed.
Juveniles have the opportunity to petition the court for removal from the sex offender registry after a set period. This legal process requires the knowledge of our defense lawyers, who can present a compelling case on your behalf. This provision offers a glimmer of hope for juveniles who are committed to rehabilitation and moving forward with their lives.
Not all juvenile sex offenders are required to register in the California sex offender registry. For example, minors under the age of 14 at the time of the offense are generally exempt from registration. Additionally, some offenses committed by juveniles may not require registration.
Notably, before a juvenile is discharged or paroled, they must be formally informed of their duty to register as a sex offender under the law. Department officials ensure that the appropriate forms and information are provided, and this process is carefully documented.
If your child is facing such a situation, seeking legal guidance is crucial. Our experienced California sex crime attorneys can review the specifics of the case to determine whether registration is required and provide clarity on how to proceed. Additionally, we can assist in filing a petition to terminate registration when eligibility is established.
For more information, contact the Hedding Law Firm, located in Los Angeles, CA.
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