Sex Offender Registration Act Overview – California Penal Code Section 290

Committing a sex crime is one of the most serious offenses that can be committed in California.  Along with any prison term associated with a sex crime conviction, the Sex Offender Registration Act (“the Act”) requires you to register as a sex offender on certain sex crimes.

Under California Penal Code Section 290, a conviction from certain sex crimes require the defendant to register, for the rest of his or her life, as a sex offender with the city/county he or she is living in or working in within five (5) working days of coming into the city/county.  Additionally, if you are a living on a college campus, you must also register as a sex offender with the school.

Penal Code Section 290 lists the crimes that require registration under the act.  Some of the offenses that require registration under this act include rape, sexual battery, and sex crimes against minors.  Registration can also be required for crimes not listed under Section 290 if the crime was sexually motivated.  See California Penal Code Section 290.006.

The Act requires you to re-register annually.  In some cases, the Act requires you to register every ninety (90) days.  Registration is required every time you change your name, address, or your employment.

If you are a registered sex offender from another state, you must also register in California if you are working in this state on a full-time or part-time basis for more than 14 days, or for an aggregate period exceeding 30 days in a calendar year.  See California Penal Code Section 290.002.

Failure to register is a crime in and of itself.  If you were required to register for a misdemeanor offense, failure to register is a misdemeanor crime.  Your punishment will be imprisonment for up to one year in county jail.  See California Penal Code Section 290.018.  If you were required to register for a felony offense, failure to register is a felony crime punishable by up to three (3) years in state prison.  A felony conviction for failing to register under the act can also trigger California’s 3 Strikes Law.  This means that failing to register could be punished by 25 years to life in prison if there were 2 prior strike convictions.

Megan’s Law coincides with the Sex Offender Registration Act.  After registering as a sex offender, Megan’s Law requires your information to be published on a website that allows anyone with an internet connection to see your name, photo, home address, and the crime you were convicted of.  This website makes you vulnerable to harassment and will make it difficult for you to find a place to live.  You may be able to seek Exclusion from Internet disclosure if your crime qualifies for exclusion.

The obligation to register lasts a lifetime.  However, there are ways to void this lifetime requirement to register.  A person required to register under the Act may be relieved of his or her duties to register as a sex offender upon obtaining a Certificate of Rehabilitation.  See California Penal Code Section 290.5.  However, this option is not available for every offense.  Obtaining a Governor’s pardon may also relieve you of the duty to register as a sex offender.

If you or a loved one is facing a sex crimes charge, it is important that you speak with an experienced sex crimes attorney.  At Wallin & Klarich, our attorneys have over 30 years of experience in defending sex crimes cases.  We have been successful in defending our clients and keeping them off of the Sex Offender registry.  If you have already been convicted of a sex crime, we can also assist you in relieving the lifetime duty to register as a sex offender.  Call us today at (888) 749-0034 or contact us on our website at www.wksexcrimes.com.  We will be there when you call.