Thursday, September 19, 2019

Who has to register as a sex offender in California?

California Law is quite specific about the types of offenders that are required to register as a sex offender. But, before we can explore the various reasons for being made to register as a sex offender we first have to talk about California Penal Code 290 (PC 290).

California Penal Code 290 (PC290)

According to PC290>, people only have to register as a sex offender if they are convicted of certain types of sex offenses listed here. Also, PC290 applies to anyone living, working, or attending school in California, even if the person in question was convicted of their sex crime in another state.

In addition to the large number of offenses that are considered sexual, a judge can also order you to register as a sex offender for offenses that are not listed under PC290. It is rare, but it can happen when the defendant in question is considered a danger to others based on “compulsion for sexual gratification or sexual abuse”.

Senate Bill 384 and Changes to PC290 in January of 2021

As of the passing of Senate Bill 384, there will be a significant change happening to PC290 which will be made effective in January of 2021. This bill may even allow some seex offenders to be removed from the registry! The new laws separate sex offenses into three separate tiers of varying levels of offense. The three tiers are:

  • Tier 1
    This is the lowest tier of sexual offense and encorporates offesnse such as misdeemeanor sexual assault and battery, as well as indecent exposure. People put into Tier 1 will be placed on the sex offender registry for 10 years.
  • Tier 2
    Tier 2 is the second most severe tier of sex offenses in California according to Senate Bill 384. Individuals placed in this tier are put there for offenses including lewd acts with a minor under 14, and non-forced sex crimes with a minor. People placed in this tier will be required to remain on the sex offense registry for a total of 20 years.
  • Tier 3
    Tier 3 of the new sex offense reegistration law demands a lifetime of registry on the sex offender registration list. People placed in Tier 3 are placed there for crimes like rape, sex trafficking of minors, and sex crimes against children under the age of 10. In addition to that, people who are considered repeat offenders are also eligable for Tier 3.

Worried? The Law Offices of Beles and Beles Can help

Have you been accused of a sex crime and are now worried about potentially having to register on the sex offense registry in California? Well, don’t fret! The expert legal professionals here at The Law Offices of Beles and Beles can help. We have the experience and legal knowledge necessary to represent you and your best interests in a court of law. Contact our firm to schedule a consultation today!

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