California
sex offender laws are strict. If you have been convicted of a
misdemeanor or
felony sex offense crime in California, besides serving jail time or completing
probation, you must also
register as a sex offender. California Penal Code Section 290(a)(2)(A)-(E) requires
all persons convicted of sex offenses in California to
register for life as a sex offender with the local police station or sheriff's
department in the city or unincorporated area where they reside. The court
may order a person to
register as a sex offender even if their offense was not a sexually motivated crime.
Most common sex offenses requiring registration under Section 290 include
the following acts:
· Rape under Penal Code Section 261
· Sexual battery under Penal Code Section 243.4
· Lewd acts regarding minors under Penal Code Section 288
· Contributing to the delinquency of a minor under Penal Code 272
· Child pornography under Penal Code 311
· Pandering a minor under Penal Codes 266h and 266i
· Aggravated and continuous sexual assault of a minor under Penal
Codes 269 and 288.5
· Incest under Penal Code 285
· Forced acts regarding oral copulation under Penal Code 288a
· Sodomy under Penal Code 286
· Acts of penetration with a foreign object under Penal Code 289
· Indecent exposure under Penal Code 314
The law states that the person must
register within five days from release of custody or probation or changing their
residence within or outside the city or county or their name. Transient
and homeless people must continue to register every 30 days. A
sex offender who attends or is living at a campus of a California state or community
college or other institution of higher learning is required to register
both with the campus police and the local law enforcement agency in their
jurisdiction. Students or employees who reside in another state and are
convicted sex offenders that are working in California or attending a
California school must also register with the local law enforcement agency
and the school.
All registrants must update their information every year within five working
days of their birthday, and sexually violent predators must update their
records not less than every 90 days. The names of juvenile registrants
are not publicly disclosed on the Internet list. However, law enforcement
may use their own discretion to notify the public if they believe that
a juvenile sex offender in their area poses a threat to the public. Convicted
felony sex offenders who willfully do not comply with the registration
law can be found guilty of a felony. Convicted misdemeanor sex offenders
who willfully do not comply with the registration law can be found guilty
of a misdemeanor for the first violation and a felony for subsequent violations.
Megan's Law
Megan's Law, which was signed into effect on in California by the governor
on August 24, 2004, makes it possible for the California list of all sex
offenders to be published on the Internet so that the public may access
the information. Prior to the enactment of the Megan's Law, the information
could only be obtained by the public by visiting their local law enforcement
agency to view the information or by calling a toll free 900 number. All
states have some sort of Megan's law. The intention of the law is
to keep the public informed of the whereabouts of offenders that may pose
a threat to them and not for harassing or committing crimes against registered
sex offenders.
Dismissal of Offense After Probation and Certificate of Rehabilitation
Under California Penal Code section 1203.4, convicted
sex offenders who complete their probation may apply to have their offense dismissed.
However, they still must register for life. Only persons whose sex offenses
are nondisclosable to the public are eligible to apply for a certificate
of rehabilitation from registering as a sex offenders after 7-10 years
after their release from custody, parole or probation, whichever occurs
first. All other persons must obtain a pardon from the governor.
Chelsea's Law
Thursday September 9, 2010, Governor Arnold Schwarzenegger signed into
law Chelsea's Law which allows life without parole sentences for adult
sexual predators who kidnap, drug, bind, torture or use a weapon while
committing a sex crime against a child. Life terms could be ordered for
first-time and repeat offenders. The new law also increases other penalties
for child molesters, including the requirement of lifetime parole with
GPS tracking for offenders convicted of forcible sex crimes against children
under 14. The new law was named after 17 year old Chelsea King, who was
killed by 31 year old convicted child molester John Gardner. Gardner had
been previously convicted of
molesting a 13 year old neighbor in 2000 and served five years out of a six year
sentence. Gardner was sentenced to life in prison in May 2010 after pleading
guilty to the murder of Chelsea King and a 14 year old girl Amber Dubois.
The new law will protect children against such crimes by keeping
sex offenders such as Gardner in jail for a longer period of time.
State law makers and local police are also trying to keep convicted sex
offenders from registering on social networks like MySpace and Facebook,
where they look for victims. AB 2208 was introduced in February 2010,
which if passed and enacted into law, would make it illegal for convicted
sex offenders who are required to register under California Penal Code
Section 290 to use social networking sites such as Facebook or MySpace
by making it a misdemeanor. Facebook already has The P.O.M. Offender Locator
tool on their site which allows users to search for sex offenders by putting
in their address and providing a list of offenders that the user can click
for more information.
If you convicted of certain sex offense crimes, you are required to register
for life as a sex offender under California Penal Code Section 290, even
after serving your time or probation. It is crucial that you hire an experienced
California criminal law sex offense attorney who can challenge the California sex offender registration laws by getting
the charges dismissed after probation and/or assist you with obtaining
a Certificate of Rehabilitation so you no longer have to register as a
sex offender. If you are charged with a misdemeanor or felony sex offense
in California, the attorney can defend you by being able to get your pleas
of guilty or no contest withdrawn or get your sex offense crime dismissed,
especially in cases of statutory rape or sex with a minor under Penal
Code Section 261.5. Many times these accusations are false, and the sex
is consensual.