Sex Offender Registration Act – Megan’s Law – California Penal Code Section 290

In 2004, the California Legislature enacted California Penal Code Section 290.46, which requires the California Department of Justice to maintain an Internet website.  This law is also known as Megan’s Law.  This means that a conviction for a sex crime listed under Section 290 will not only require registration as a sex offender, but your information will be posted on the Megan’s Law website for the public to view.  The website will typically show:
•    Your name
o    Includes known aliases
•    Photograph
•    Home address
•    Physical identifying information
o    Sex
o    Height
o    Weight
o    Eye Color
o    Hair Color
o    Ethnicity
o    Scars/marks/tattoos
•    The sex crime that you were convicted of

Exclusion from the Megan’s Law Website

There are some circumstances in which you can remove your name from the Megan’s Law website.  You may apply with the Department of Justice for exclusion from the website in the following circumstances:
•    A felony violation of sexual battery – PC 243.4
•    A misdemeanor violation of enticing a minor for prostitution of sexual intercourse – PC 266
•    A felony violation for distributing, possessing, or making child pornography if you submit to the department a certified copy of a probation report filed in court that clearly states that all victims involved in the commission of the offense were at least 16 years of age or older at the time of the commission of the offense – PC 311.1, 311.2, 311.3, 311.4, 311.10, or 311.11
•    An offense for which you successfully completed probation, provided that you submit to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that you were the victim’s parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
•    An offense for which the offender is on probation at the time of his or her application, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victim’s parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
o    If, subsequent to your application, you commit a violation of probation resulting in incarceration in county jail or state prison, your exclusion, or application for exclusion, from the Megan’s Law website shall be terminated.

It is important to know that being excluded from the Megan’s Law website does not terminate your duties to register as a sex offender under Penal Code Section 290.