California Sex Offender Laws

Are you concerned about California sex offender laws? If you’re visiting this page, you likely have an important reason why you need to view this information. Maybe a friend was just convicted of a sex offense, or others accused you of a sex crime. Perhaps you have children and want the most updated and relevant information about California sex offender laws. Whatever the case, one thing is sure—you need immediate access to this vital information. Read on to learn more about the recent changes to the law.

Understanding the New Tiered Sex Offender Registry Law in California

The California Sex Offender Registry was established in 1947. It was the country’s first to mandate individuals convicted of a particular sex crime register with the appropriate local law enforcement agency. The mission of the state’s registry is to ensure both law enforcement officials (as well as the public) have ample access to accurate information about those convicted of certain crimes.

On January 1, 2021, California had new sex offender law. It transitioned from a lifetime sex offender registration to a tier-based system. These revisions to California Sex Offender Laws provide essential changes to the current registry system. These new modifications (established by Senate Bill 384) offer potential opportunities for a registrant to terminate their name from the Sex Offender list. They should meet specified criteria.

Effective January 1, 2022, the California Department of Justice will make the registry data available to the public (on the Megan’s Law website) under the amendment for Section 290.46 by Senate Bill 384.

Reporting Sex Offenders in California

The California definition of a sex offender includes anyone convicted of specific sex crimes as delineated in California Penal Code Section 290. Penal Code 290 requires that those convicted of certain sex crimes  should register with the appropriate law enforcement agency, as follows :

• Each year – within 5 days of the individual’s birthday. Depending on the offense, some registered sex offenders must update their information more often. For example, violent predators must update their registration information every 90 days.
• Within 5 days after moving to a new primary home.
• Change of name.

The law enforcement agency sends this data to the California Department of Justice.

How Does the New California Sex Offender Registry Work?

Senate Bill 384 established the revised Sex Offender Registry beginning on the first day of 2021. There are now 3 tiers (for adults) set in California for those required to register as sex offenders. Also, there are 2 tiers for juvenile offenders.

SB 384 permits a California registrant to submit a petition to the state’s superior court to end their requirement to register as a sex offender on (or after) the registrant’s next birthday (which must occur after 7/1/2021) – after their mandated minimum registration time has expired.

Based on the criteria defined by SB 384, a California court will either choose to grant or deny the registrant’s petition.

Tiers of the New Sex Offender Registry Law

As noted above, California’s lifetime sex offender registry was revised effective January 1, 2021, to include established tiers. The Penal Codes 290 through 290.024 of the Sex offender Registration Act define these tiers. Offenders required to register can be in different tiers based on the type and nature of the sex offense committed.

The state Department of Justice designates the tiers of most sex offenders required to register. But, under Penal Code section 290.006, effective 1/1/2021, a California court will be responsible for determining the tier designations for those under a court order.

The California sex offender registry has 3 tiers. The classification of offenders is as follows:

Tier 1 Sex Offender

Tier 1 is for those convicted of the lowest level of a sexual offense, which includes misdemeanor sexual battery, indecent exposure, etc.

Tier 1 of California’s registry requires a sex offender to register for at least 10 years.

Note: In a juvenile court, people guilty of these crimes must sign up for at least 5 years.

Tier 2 Sex Offender

Tier 2 requires registration for those convicted of recognized mid-level sex offenses, including non-forced sodomy or lewdness with a minor (under 14). Tier 2 of California’s registry requires a sex offender to register for at least 20 years.

Those guilty of one of these offenses in a juvenile court must register for at least 10 years.

Tier 3 Sex Offender

Tier 3 requires registration for those convicted of the most serious sex crimes. These may include most cases of rape, including:

• Sex trafficking of children;
• Habitual sexual offenders; and
• Sex offenses against children who are 10 or younger.

Tier 2 of California’s registry requires a lifetime registration.

Note that there is a Tier 3 risk assessment of 20 years for specific conditions, as stated in Penal Code Section 290.5(b)(3).

Removal From the Sex Offender Registry

Under the amended Penal Code section 290.5(a)(1), registrants may petition the court (in the residence county) to have themselves removed from the sex offender registry. The registrant can do it following the expiration of their minimum mandatory registration period. On or after their next birthday, after July 1, 2021. Registrants are responsible for initiating the process by doing the following:

• Completing the relevant petition forms;
• Obtaining proof of current registration from the local law enforcement agency;
• Filing the petition with the appropriate court; and
• Serving copies as required.

But, registrants are required to continue registering by law until a court grants a petition for termination of California registration requirements for registered sex offenders.

An individual registering only for juvenile adjudication will petition the juvenile court for termination.

Dismissal

According to Section 1203.4, California provides for a procedure for a felony dismissal. If a petition is submitted and granted, the petitioner will be released from all conviction requirements.

Certificate of Rehabilitation

A California Certificate of Rehabilitation (COR) is a legal technique to clear a criminal conviction record in the state. Note that this does not erase the criminal record. It is a court order that states the previous offender is now a law-abiding citizen.

The California Penal Code 4852 Sections 4852.01-4852.21 outlines the eligibility requirements and processes.

A COR relieves an individual from their duty to register under Penal Code 290 (The Sex Offender Registration Act). A COR also applies for a Governor’s Pardon.

Governor’s Pardon

A pardon is a type of post-conviction relief granted by the state governor to those convicted of a crime who have taken the time to show high levels of rehabilitation. The authorities will not give a pardon from the governor unless the individual has been crime-free for at least 10 years. From a release from custody, parole, or probation. Except in infrequent scenarios.

This relief is for those who fulfill each requirement, including registering.

What Is Megan’s Law

This information about California sex offenders is generally available to the public. Under Penal Code 290.46, via the Internet on the state’s Department of Justice. (“Megan’s Law” website). All states have some form of Megan’s Law – named after a 7-year New Jersey girl victimized by a registered sex offender who moved nearby without the family’s knowledge.

Since January 1, 2022, California’s website for Megan’s Law has had the SB 384 revisions. Not all registrants have their information posted on the public website.

The California Penal Code Section 290.46, as amended under SB 384, sets forth the standards to be posted on Megan’s Law website. The sex offender information displayed on this site is contingent on the specific California sex offense conviction.

If a convicted sex offender’s information is available online, it will generally include these data:

• A name;
• A photo;
• Physical identifying information (height/weight, eye color, tattoos, and known aliases); and
• The offense(s) you violated in Penal Code 290 required registration.

A registrant’s address may appear online. But, this depends on:

• The sex crime upon which you were convicted.
• The offender’s comprehensive criminal history.

You can find California registered sex offenders’ information on the Megan’s Law website.

Exclusion Criteria Changes for Removal From California’s Megan’s Law Site

It is relevant to note that these changes include eliminating specific exclusion criteria.

Under updated California Penal Code Section 290.46(d), on or after January 1, 2022, only those registrants who meet the following requirements will be eligible to apply for exclusion.

An offense for which a registrant has completed their probation. It also requires the registrant to submit a certified copy of:

• Their probation report; and
• Presentencing report.

OR

• Other official documents show specifics about the nature of the assault; and
• The relationship between the victim and the offender.

An offense the registrant is on probation for, when applying, provided they submit to the department the following:

• Their probation report; and
• Presentencing report.

OR

• Other official documents show specifics about the nature of the assault; and
• The relationship between the victim and the offender.

Legal Statutes Covering Sex Crimes in California

Penal Code 243.4 PC: Sexual Batter

Often, people call sexual battery a ‘wobbler offense’ because they can file it as a felony or misdemeanor.

Misdemeanor sexual battery, which should be considered a neon warning sign for the accused, is considered unwanted sexual touching and is the lowest sex crime level in California Law. Misdemeanor sex offenses, like, sexual battery, can include up to one year in the county jail, plus a fine that maxes out at $3,000.

Felony sexual battery, as defined by Penal Code 243.4, is when:

• The victim requires being institutionalized for medical care and is disabled or incapacitated.
• The touching of another is against their will.
• The touching leads to sexual arousal, sexual gratification, or sexual abuse.

A felony can require up to 4 years in a California State Prison, plus a fine of up to $10,000.

Penal Code 261 PC: Rape (Sexual Assault)

California Penal Code 261 PC sets forth the state laws about the crime of rape. Under California Law, it is rape if a person uses force, fraud, or threatens to engage in non-consensual sexual intercourse with someone else. It occurs with someone who:

• Has no capacity to consent because they are intoxicated.
• It is forced through extreme coercion or violence to engage in sexual intercourse.
• Has no capacity to consent because of a mental disorder.
• Is not conscious when the incident happens.

Using physical force doesn’t always characterize rape. Also, anyone can face rape charges if they did the act through fear of harm, menacing coercion, or retaliation.

Penal Code 261.5 PC: Statutory Rape

According to California Penal Code 261.5, engaging in sexual intercourse with someone who is not yet 18 years old and is not their spouse is illegal. Statutory rape is unlawful, even if:

• The sex was consensual.
• The minor initiated the sexual activity.

Penal Code 288 PC: Lewd Acts With a Child

California codifies its child molestation law in section 288 of the California Penal Code. Section A of 288 prohibits anyone from committing a lewd or lascivious act with a child who is 14 years old or younger. Child molestation is the most serious sex offense and includes touching a child over their clothes.

Those who use threats or violence when committing these acts will receive harsh penalties such as 3, 6, or 8 years imprisonment. It could be the victim’s caretaker – like a guardian or parent.

Penal Code 290 PC: Failure to Register as a Sex Offender

Under California Penal Code Section 290, certain individuals convicted of specific sex crimes (and other offenses) must register with local authorities as sex offenders.

Failure to register in California as a sex offender is, in and of itself, a criminal offense with the potential for a lengthy prison sentence.

A prosecutor is responsible for establishing the following beyond a reasonable doubt:

1. The defendant was previously convicted for one of the sex offenses listed in Penal Code Section 290.
2. The defendant is a California resident.
3. The defendant knew they had a requirement or duty to register as a sex offender.
4. The defendant willfully defied their duty to register as a sex offender or annually updated to follow the registration requirement.

Penal Code 311 PC: Child Pornography

Penal Code 311 PC is the primary statute in California that declares child pornography a crime. Sending, transporting, duplicating, printing, advertising, or possessing child pornography is illegal under state law, as is employing or pressuring minors to generate pornographic photos.

Penal Code 314: Indecent Exposure

It is a crime in California to expose one’s genitals to another person with the aim of sexual enjoyment or to offend the other person. Most people understand that this is illegal. But many are surprised to find that a conviction for indecent exposure under California Penal Code Section 314 PC is considered a sex offense with substantial penalties. Including lifetime sex offender registration.

A prosecution must be able to establish the following factors to prove that a defendant is guilty of indecent exposure:

• The defendant purposefully exposed his genitals in front of another person(s) who would be offended or annoyed by the defendant’s acts.
• When the defendant exposed himself, he acted lewdly by aiming to draw attention to his bare genitals with the intent of sexually exciting himself or sexually offending the other person.
• Another person doesn’t need to observe the exposed genitals. Instead, the defendant must have revealed his genitals in the presence of another person or people. If the indecent exposure happened after the defendant unlawfully entered a house or other dwelling, the defendant might face a charge of aggravated indecent exposure.

Penal Code 647(a) PC: Lewd Conduct in Public

Rubbing private body parts in public view where you reasonably should have known someone else was present to observe it. It is a lewd act under Penal Code Section 647(a).

You could have been touching your own body, asking someone else to touch your body, or touching someone else’s. Your purpose could have been to insult or to please your sexual desires. Cases of lewd behavior may include:

• Sexual behavior in public;
• Public masturbation; and
• Exposing private parts in public.

Penal Code 647(b) PC: Prostitution Solicitation

California Penal Code 647(b) PC prohibits prostitution solicitation. Prostitution is engaging in sexual activity or indecent conduct in exchange for payment.

Examples of prostitution solicitation are:

• A man is given drugs in exchange for a sexual favor.
• A woman allows a man to fondle her breasts for payment.
• A police officer agrees to have sex with a woman for not giving her a traffic citation.

Contact an Experienced Sex Crimes Attorney Today

Sex crimes are some of the most serious charges, and no one wants to be falsely accused or convicted for crimes they did not commit. In light of this, it is essential that anyone who has been charged or accused of a sex crime contact a trusted sex crimes attorney.

We are a tough, diligent criminal defense law firm that has defended the rights of the criminally accused in California for more than 120 years. When you call our office, we assure you we will begin working on your case immediately. We know that time is critical in criminal defense. We know that time is critical in criminal defense. We will ensure to answer all your questions and address every detail of your case.

By calling us today at (866) 851-9645 or taking a few minutes to fill out our confidential contact form, you can learn how Summit Defense can assist you right now.