What To Do If Released Inmate Doesn't Register Sex Offender

Updated January 5, 2022

Penal Code 290 PC – The criminal offense of "failure to register as a sexual practice offender" LEGAL Analysis

Under Penal Lawmaking 290 PC, people in California bedevilled of sex crimes and sure other offenses must register as sex offenders with local law enforcement. This registration must exist renewed (a) every 5 years or (b) whatsoever fourth dimension the person relocates to a new residence. Failure to register as a sex offender is itself a criminal offense.

Failure to register equally a sex offender in California is typically charged as a misdemeanor if the underlying sex offense was a misdemeanor, or a felony if the underlying sex crime was a felony. A misdemeanor confidence carries upwards to one twelvemonth in jail. A felony carries up to 3 years in jail or prison house.

A person is categorized as a sex offender if he or she gets convicted of one of the sex activity crimes listed in PC 290. Some of these include:

sexual battery, under PC 243.iv,
indecent exposure, under PC 314, and
rape, nether PC 261.

PC 290 states that "every person…while residing in California, or while attending schoolhouse or working in California…shall register with the chief of police of the city in which he or she is residing…"

Examples

a former high schoolhouse teacher who was bedevilled of Penal Code 261.5 statutory rape, for having sex with a teenage educatee, moves to a new city and decides not to register her new address with the authorities.
a man who was bedevilled of California rape afterward a date rape incident in higher stops registering annually because he wants to put that chapter of his life backside him.
a former gang member who was bedevilled of human trafficking under California Penal Code 236.i decides not to register after a move so that his new neighbors won't mistakenly call back he is a pedophile.

Defenses

Luckily, in that location are several legal defenses that a person can raise for violating sex offender registration rules. These include showing that:

the defendant did not act willfully,
the regime lost the defendant's registration, and
the defendant did not know he had to register.

Notation that if a person is bedevilled of an criminal offence under Penal Code 290, this conviction will likely have:

no negative immigration consequences (if applicable), but
may accept negative consequences on a person's gun rights.

Likewise, note that a person bedevilled of this offense can seek to accept it expunged once he successfully completes:

probation (if imposed), or
any jail fourth dimension (if imposed).

Our California criminal defense attorneys address the post-obit faqs in this article:

Police arresting man for failure to register as a sex offender under Penal Code 290 PC

It is a California offense to violate the sex offender registration requirements.

1. What is the law nether Penal Code 290 PC?

Penal Code 290 PC is the California statute that makes it a criminal offense for a sex offender to willfully fail to register equally one with the local authorities.¹

A person is a "sex offender" if he gets convicted of 1 of the sex crimes listed in PC 290. (Examples include sexual assault, child molestation, child pornography, and other types of sexual abuse.)

A prosecutor must prove four things in order to successfully convict a defendant under this public safety statute. These are that the accused:

was previously convicted of a California sexual practice crime for which registration was required under Penal Code 290c PC,
resided in California,
knew he had a duty to register as a sex offender, and
willfully failed to register or update his registration with the sheriff's office.²

The purpose of department 290 is to assure that persons convicted of sexual practice crimes volition be readily available for law surveillance at all times. This is necessary because the California Legislature has found them likely to commit similar offenses in the future.³

Note that questions often arise nether this statute on:

the pregnant of residence,
the knowledge element,
the willfulness element, and
when and for how long a person must register.

1.one. Residence

For purposes of PC 290, "residence" means 1 or more addresses at which a person regularly resides. This includes a shelter or construction that tin exist located by a street accost, including recreational and other vehicles.⁴

Note that registration is also required of transients under this statute. A "transient" means a person who has no residence.⁵ While transients may not exist able to provide authorities with an address to a residence, they have a duty to inform the constabulary of their full general whereabouts.^half-dozen

1.two. Knowledge

To be convicted of failure to register equally a sex offender, a defendant must have actual cognition of the duty to register as a sexual practice offender.⁷

Notation that this requirement places duties on authorities. For example, in instances where an inmate is released on parole, he must be informed of his duty to register by the official in charge of the place of confinement.^eight

Note though that a defendant cannot try to avoid this chemical element by saying that he forgot about his duty to register. This ways forgetfulness is non a defense force to a charge nether Penal Code 290.^ix As ane California court has stated:

"Although forgetfulness may temporarily or momentarily negate the immediate awareness that one must undertake a given activeness at a given time, it does not change or bear upon the underlying noesis that such activeness is required."¹⁰

But notation that the court has stated that mental weakness might be a defense to a PC 290 charge.^eleven This fact means that forgetfulness could be a valid defense in a situation where it has some type of medical basis (due east.m., Alzheimer's or senility).

1.3. Willfulness

Someone commits an act "willfully" when he does information technology willingly or on purpose.

It is non necessary that the defendant intended to interruption the police force.¹²

one.4. When and how long for registration

Note that in one case a sex offender registers with local authorities, this registration has to be renewed:

every yr, within five working days of the person's birthday, and
every time the person moves to a new address.¹³

Transient sex offenders must register once every 30 days in improver to the annual birthday registration.

Notation that California Senate Bill (SB) 384 created a three-tier sex offender registry that sets forth the menstruation of fourth dimension for which a sexual practice offender has to annals every bit such. Tier 3 offenders represent those bedevilled of the about serious sexual practice offenses. According to SB 384:

tier three offenders have to register for life,
tier 2 offenders must register for a minimum of xx (twenty) years, and
tier ane offenders must register for a minimum of ten (10) years.

2. Are there legal defenses to a charge of failure to register?

If a person is accused of violating registration laws, then he tin can challenge the accusation by raising a legal defense. Good criminal defense lawyers may be able to get a charge reduced or fifty-fifty dismissed.

Three common defenses to PC 290 accusations are:

no willful human action
authorities lost registration information, and/or
No knowledge

2.i. No willful act

Think that an defendant is only guilty under this code section if he willfully failed to register as a sex offender. This ways it is e'er a legal defence force for an accused to testify that he did not act willingly or on purpose. For example, perhaps an offender did not annals because he was hospitalized for an illness.

2.two. Regime lost registration information

Under this defense, a convicted sex offender would argue that he sent all of his registration information into the law, but law enforcement lost it. The strength of the defense force rests with whether or not the accused has bear witness that he did in fact take all steps required to be a registered sex offender.

2.3. No noesis

Retrieve that under PC 290 a prosecutor must prove that a defendant knew of his duty to register as a sex offender. Information technology is a strong defense, therefore, for an accused to show that he had no knowledge of a duty to annals. For case, perhaps a gauge or lawyer failed to clearly clear this duty and the defendant did not understand his registration requirements.

Inmate in jail cell clutching the cell bars - failure to register as a sex offender can lead to jail or prison time in California

A violation of PC 290 can result in a fine and/or jail time.

3. What are the penalties for violating PC 290?

The penalties for failing to annals as a sex offender depend on whether the original sex activity offense the offender committed was a misdemeanor or a felony.

If convicted of a sex activity crime that is a misdemeanor, then failure to register is besides a misdemeanor nether state law.^xiv The possible penalties include:

misdemeanor (or summary probation),
imprisonment in the county jail for upward to one yr, and/or
a maximum fine of $1,000.^fifteen

If convicted of a sexual activity crime that is a felony, or if prior convictions of violating PC 290, and then failure to register is a felony.¹⁶ The possible penalties include:

felony (or formal) probation,
imprisonment in country prison for 16 months, two years, or iii years, and/or
a maximum fine of $10,000.¹⁷

4. Are there immigration consequences if a person fails to annals every bit a sex offender?

A PC 290 confidence, on its ain, will generally have no negative immigration consequences.

Annotation that nether United States immigration law, certain kinds of criminal convictions in California can atomic number 82 to a non-citizen being deported. Some convictions can also make an immigrant "inadmissible."

The major categories of "deportable crimes" or "inadmissible crimes" are:

crimes of moral turpitude,
aggravated felonies,
controlled substances (drug) offenses,
firearms offenses, and
domestic violence crimes.¹⁸

A violation of PC 290 does not autumn into i of these categories. However, notation that if the accused'due south underlying sex-related charge does, he may face negative clearing consequences.

5. Can a person get the conviction expunged?

A person convicted under PC 290 can try to get the offense expunged.

Under Penal Lawmaking 1203.4, an expungement releases an individual from nigh "all penalties and disabilities" arising out of the conviction.¹⁹

I particular benefit is that an expunged conviction does non need to be disclosed to potential employers.

As a basic rule, PC 1203.4 authorizes an expungement for a misdemeanor or felony law-breaking provided the bidder:

successfully completed probation (either felony probation or misdemeanor probation), and
is non currently:

charged with a criminal offense,
on probation for a criminal criminal offense, or
serving a sentence for a criminal offense.^xx

This ways that once a defendant has successfully completed probation for violating PC 290 (and his underlying offense), or serving a jail term for the same, he may brainstorm trying to become the crime expunged.

Note, though, that even if the law-breaking is expunged, the person will even so accept to annals as a sex offender.

man handling a pistol

One may lose access to gun buying and/or possession if bedevilled equally a felon in California

half dozen. What is the effect on gun rights?

A confidence nether Penal Code 290, on its own, may have an upshot on the convicted party's gun rights. Information technology all depends on whether the crime is charged as a misdemeanor or a felony.

The following people are generally prohibited from acquiring or possessing a gun in California:

felons (that is, anyone convicted of whatever felony crime in any jurisdiction),
persons who are addicted to narcotics,
persons with two or more convictions nether Penal Code 417, California'south police force confronting brandishing a weapon,
persons convicted of sure misdemeanor offenses (such as corporal injury on a spouse, a violation of Penal Code 273.v),
persons who suffer from mental illness, and
people nether 18 (people under 21 may not purchase a gun).

Given the first category above, if an offender's PC 290 charge is a felony, and then a conviction would hateful he would accept to give up any gun ownership and possession rights.

seven. Are there laws related to the failure to register?

There are three laws related to the failure to register every bit a sex offender. These are:

habitual sex offender law – PC 667.71,
use of a firearm in the commission of a sex crime – PC 12022.iii, and
lewd acts with a small-scale kid – PC 288.

7.1. Habitual sexual activity offender constabulary – PC 667.71

California Penal Lawmaking 667.71 PC is the California statute criminalizing habitual sexual offenders.

Under this statute, a habitual sexual offender is whatever person that is bedevilled of a sure sex activity crime and then is later on convicted of the same sex crime or another particular sexual offense.²¹

PC 667.71 applies to sex crimes similar:

Rape, per Penal Code 261,
Lewd acts with a minor kid, per Penal Code 288, and
Sodomy, per Penal Code 286.

A habitual sexual offender is guilty of a felony. The crime is punishable by imprisonment in the state prison for 25 years to life.²² Probation is generally prohibited.²³

7.2. Use of a firearm in the commission of a sex criminal offence – PC 12022.3

Penal Code 12022.3 PC is the California statute that creates a firearm sentencing enhancement for anyone who uses or possesses a gun during the commission of a certain sex crime.²⁴

A "certain sex activity offense" includes (simply is non limited to):

rape, per PC 261,
spousal rape, per PC 262, and
sodomy, per PC 286.

If a defendant uses or possesses a gun during a sex criminal offense, and then in improver and consecutive to his judgement for the underlying sexual activity offense he faces:

iii, four, or ten years for using a gun or a deadly weapon²⁵, or
i, two, or five years for beingness armed with a firearm or a deadly weapon.²⁶

7.3. Lewd acts with a pocket-size kid – PC 288

Penal Lawmaking 288 PC is the California statute that makes it a crime for a person to commit a "lewd human action" with a minor child.²⁷

A person commits a "lewd act" when he either:

touches a child for sexual purposes, or
causes a kid to bear upon him/herself or someone else for a sexual purpose.²⁸

The specific penalties for violating PC 288 will vary depending on:

the age of the child,
whether the lewd deed was accomplished by force, violence, duress, or threats,
whether at that place was a blueprint of lewd acts, and
in some cases, the age of the accused.

Note, though, that penalties may very well include imprisonment in a county jail or the country prison for several years.

receptionists at criminal defense law firm

Contact our law firm for a costless consultation and legal communication. Our police force office has sex crimes attorneys with decades of experience.

For similar accusations in Nevada, please see our commodity on NRS 179D.550 – "Failure to Annals" in Nevada.

For like accusations in Colorado, please see our article on Colorado Police force re "Failure to Register" (xviii-three-412.6 & 18-3-412.5 C.R.S.).

Also run across our related article on how long does a sexual practice offender have to register?

Legal References: