Sec 290 of the California Penal Code penalizes a criminal convict of failing to register as a sex offender in the state of California. The following are the elements of the crime:
• The offender was convicted of one of the California sex crimes under Sec 290 of the California Penal Code;
• The offender is a resident of or will reside in the state of California;
• The offender knew of their duty to register as a sex offender;
• The offender willfully failed to do register and complete the requirements set by forth by the law;
The following are the common crimes listed that require registration under the law:
• Sec 261 of the California Penal Code or rape and Sec 243.4 of the California Penal Code or sexual battery;
• Sec 288 of the California Penal Code or lewd acts with a minor, Sec 272 or contributing to the delinquency of a minor, Sec 311 or child pornography, Secs 266(h) and (i) or pimping and pandering with a minor, Secs 269 and 288.5 or aggravated and/0r continuous sexual assault of a child, Sec 285 or incest;
• Sec 288(a) of the California Penal Code or oral copulation, Sec 286 or sodomy, Sec 289 or acts of penetration with a foreign object;
• Sec 314 or indecent exposure;
The penalties imposable for violation of the aforementioned provision of the California Penal Code:
• One (1) year in county jail if the sex crime conviction was a misdemeanor offense;
• Sixteen (16) to thirty six (36) months is state prison if the sex crime conviction was a felony offense;
This is considered as a continuing offense as the reporting duties are required annually. At a minimum, every individual required to register must update their information within five (5) days of every birthday and/0r within five (5) days from their change of registered addresses. Thus each failure to report would mean a violation of this crime.
This crime is also considered as an offense or a strike under the California Three Strikes Law. Thus for a third violation of Sec 290(b) of the California Penal Code would mete out imprisonment of twenty five (25) years to life in state prison.
This crime cannot be absolved by a judge if this registry requirement is set forth by the law. Also, this cannot be plea bargained nor removed through recommendation by the prosecutor.
The crime of failure to register as a sex offender is a serious offense in California. Should you be or know anyone facing any of these charges, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.