Failure to Register as a Sex Offender DefenseCalifornia Penal Code § 290
Free Consultation.California's Sex Offender Registration Requirement — PC 290
California Penal Code § 290 requires persons convicted of specified sex offenses to register as sex offenders with local law enforcement within 5 working days of coming into a city or county to reside, within 5 days of their birthday each year, and within 5 days of any change of address. Failure to comply with registration requirements is itself a separate criminal offense that can be charged as a misdemeanor or felony.
Penalties for Failure to Register
If the underlying sex offense was a misdemeanor, failure to register is also a misdemeanor punishable by up to one year in county jail. If the underlying sex offense was a felony, failure to register is a felony punishable by 16 months, 2, or 3 years in state prison. Multiple failures to register can result in multiple separate charges. A felony failure-to-register conviction also counts as a prior strike for purposes of California's Three Strikes Law in certain circumstances.
The Tier System Under SB 384
California's Sex Offender Registration Act was reformed by Senate Bill 384, creating a three-tier system. Tier 1 offenders must register for a minimum of 10 years, Tier 2 for a minimum of 20 years, and Tier 3 (the most serious) must register for life. After completing the minimum registration period, Tier 1 and Tier 2 registrants may petition the court to be removed from the registry.
Defenses to Failure to Register Charges
Key defenses include arguing you did not know of the registration requirement, you were not aware of the specific triggering event that required registration, there was no willful failure (e.g., the failure was due to medical incapacitation), the registration requirement does not apply to the specific situation, or technical violations that did not result in actual non-registration. Our attorneys carefully examine the facts to identify all available defenses.
Petition for Removal from the Registry
If you are eligible under SB 384, our attorneys can file a petition to have you removed from the sex offender registry. This relief can be life-changing, eliminating the public registration requirement and its associated stigma.
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