A recent California Court of Appeals decision, People v. Cohen, held that the trial judge was in error by not informing the jury that they had to find that the defendant actually knew that he was required to register a second address. In this case, the defendant had been convicted of violating Section 290 of the California Penal Code and was charged with failing to register a second address at his girlfriend’s house. He had already registered his home address, but claimed that he did not know to he had to register a second address at his girlfriend’s house (where he spent most of his nights).
California jury instructions (CALCRIM) Section 1170(m) provides that the jury must find “the defendant actually knew that, for the rest of his life, he was required (a) to register as a sex offender with the sheriff of the county if he resides within a city with no police department, and (b) to register within five working days of either changing his residence or adding a second residence.
The Defendant (Cohen) argued that the jury instructions were wrong because they did not specify that he must have actually known that he had to register the second address in addition to his primary address. The Court of Appeals agreed with Cohen and found the jury instruction to be in error. However, Cohen’s attorney stipulated to the fact that Cohen knew he had to register any address. Therefore, since the stipulation was given, the Court of Appeals found the error not to be prejudicial. Thus, Cohen was convicted of the willful violation of the registration requirements of Section 290 of the California Penal Code.
In all sex crimes cases, it is important to hire an experienced San Diego sex crimes attorney from Wallin & Klarich. Our attorneys have over 30 years of experience handling pre and post disposition sex crimes cases. We are very familiar with the registration requirements and have the skills and expertise to provide our clients with the best possible defense. If you or a loved one has been charged or convicted of a sex crime, call an attorney at Wallin & Klarich immediately. Our attorneys can be reached by phone at 1-888-749-0034 or through our website at www.wklaw.com.
