California Penal Code Section 290 PC: Failure To Register As A Sex Offender

California Penal Code Section 290 PC: Failure To Register As A Sex Offender

The California legislature has recognized the need to keep track of defendants convicted of sex crimes, even after their sentences have been fully served. Under California Penal Code Section 290 PC, those convicted of sex crimes and certain other offenses are required to register as a sex offender with local authorities. This registration must be renewed every five years or any time the person moves to a new residence. Failure to register as a sex offender is itself a criminal offense that can result in lengthy prison sentences.

Overview of California’s Sex Offender Registration Law

California’s sex offender registration law, also known as Megan’s Law, was enacted in 1947. It has been modified several times over the years, most significantly in 2004 by the passage of Jessica’s Law. Here are some key components of the law:

• Defendants convicted of specific sex crimes, such as rape, lewd acts with a minor, and child molestation, are required to register with local law enforcement where they reside.
• Registration must occur within 5 working days of coming to a new city or location.
• Information required includes name, address, employer, school (if applicable), conviction information, fingerprints, and a photograph.
• Registrants must update their information annually within 5 working days of their birthday, and whenever they move residences.
• Most registrants must register for life. Some exceptions apply in limited circumstances.
• Information about registered sex offenders is available to the public via the Megan’s Law website.

The registration requirement applies to defendants convicted of specific sex crimes in California as well as defendants convicted of similar crimes in other states or by the federal government. The purpose is to assist law enforcement in keeping tabs on sex offenders living in their jurisdictions.

Penalties for Failing to Register

Under Penal Code Section 290, failing to register as a sex offender is a criminal offense in California. Whether it is charged as a felony or misdemeanor depends on the underlying sex crime:

• If the sex crime requiring registration was a felony, failure to register is a felony.
• If the sex crime requiring registration was a misdemeanor, failure to register is a misdemeanor.

Potential penalties include:

• Misdemeanor failure to register: Up to 1 year in county jail.
• Felony failure to register: 16 months, 2 years or 3 years in state prison.

Defendants face increased penalties for multiple failures to register. A second conviction can add an additional 2 years in prison. A third conviction can add an additional 5 years.

Legal Defenses

Common legal defenses to failure to register charges include:

• You did register: Perhaps there was a clerical error and your updated registration was never properly filed. Or maybe you registered but gave the wrong address by accident. Clerical errors are not uncommon given the volume of registrants.
• You tried to register but were turned away: Perhaps you tried to register within the required timeframe but the police station was closed or refused to process your registration for some reason.
• You were not convicted of a registrable offense: Not all sex crimes require registration. For example, misdemeanor indecent exposure does not. Make sure the underlying conviction legally required registration.
• You moved but were only gone for a short time: The law recognizes short moves of only a few days as non-reportable. For example, staying somewhere temporarily while a home is being remodeled.

An experienced criminal defense attorney can evaluate the facts of your case and determine if any viable defenses apply.

Recent Changes to California’s Registration Law

California’s sex offender registration law continues to evolve. Here are some notable recent changes:

• In 2021, the California Supreme Court ruled the residency restrictions of Jessica’s Law are unconstitutional. Registered offenders are no longer prohibited from living near schools and parks.
• Also in 2021, Senate Bill 384 was signed into law. It eliminates the requirement to register for certain offenses, like voluntary oral copulation with a minor or indecent exposure, provided the offender successfully completes probation.
• Proposition 35, passed in 2012, increased penalties for human trafficking crimes and expanded the list of offenses requiring sex offender registration.

Federal Failure to Register Laws

California is not the only jurisdiction that requires sex offender registration and criminalizes failure to register. Under federal law, the Sex Offender Registration and Notification Act (SORNA) creates a nationwide sex offender registry. Failing to register as required by SORNA can result in federal criminal charges.

Getting Legal Help

Being charged with failure to register as a sex offender can have severe, long-lasting consequences. Experienced criminal defense counsel can often negotiate reduced charges or punishments on your behalf. They can also raise viable defenses that could lead to a dismissal. Don’t hesitate to get legal help fighting these allegations.

Citations

1. Penal Code § 290 PC – Failure to Register as a Sex Offender in California – Shouse Law
2. California Penal Code Section 290 PC: Failure To Register As A Sex Offender
3. Penal Code Section 290 – California Legislative Information – CA.gov
4. Failure to Register as a Sex Offender | Penal Code 290 PC – Cron, Israels & Stark
5. Failure to Register as a Sex Offender | PC 290(b) Defense, Sentence, & Law
6. Failure to Register as a Sex Offender in California – Penal Code 290 PC – Eisner Gorin LLP