The California Sex Offender Registry is a database of sex offenders. People who have been convicted of a sex crime offense in California are required to register their personal information. The law requires convicted sex offenders to comply. Otherwise, they will face severe criminal punishments under the new sex offender registration act.
Our California criminal defense law firm created this blog post to serve the public. We aim to keep every community protected and updated on current legal changes in local laws. The following changes are observed under California’s sex offense law. This law has been in effect since the start of January 2021.
Our experienced California sexual assault lawyer is knowledgeable about these recent changes. We can help you understand the California Sex Offender Registration law changes. Read on to learn more about the recent legal changes.
California’s New Law For Sex Offenders
At the start of the year 2021, the California Sex Offender Registry Laws were updated. The reason for this is to create a more effective and efficient system to keep communities safe from sexual offenders.
Under the previous law, a local law enforcement agency doesn’t have access to real-time information about registered sex offenders. Instead, they rely on outdated paper records, which are often incomplete or inaccurate. This can provide misleading information to responding authorities.
As of the moment, here’s what we know was changed under California Law:
- There will be a three-tiered punishment for a sex offender. The severity of the sentence will increase as the tier goes up. The tiering system relies on the severity of the convict’s sex offenses.
- The court will only give a maximum sentence of lifelong registration to criminals who meet the tier three requirements. Other punishment includes 10 or 20 years of registration.
After serving your minimum sentence, you must file for a petition. It does not happen automatically. You must first submit a petition before you can cease.
Before the court may remove you from the sex offender list, you must first get their permission. The court will analyze your case and determine if you require further registration years. Otherwise, you will still need to continuously comply with the law and register until the court declares that you no longer need to comply.
California’s New Registration System Has Three Tiers
The new three tiers system is based on the severity of sex offenses. Crimes will be assigned to one tier depending on their nature, severity, and circumstances. Furthermore, the court will give extra punishment to repeat offenders.
Once you have completed your Minimum Registration Period, you must file a petition in court. You must wait until your first birthday after July 1, 2021 to be eligible. You must also not be under any form of supervision to qualify for removal.
When you file the petition, you must present proof of your current registration. The law enforcement office where you register can provide you with the documentation you need. You must also give a copy of the petition request. This document will come together with the proof of current registration.
You will need to submit this to your local law enforcement agency where you register. If you are also registered in a different county, you must also provide them with this documentation. The same rule will apply if you are registered in another state or country.
The law is new, and you can complicate the procedure. It’s easy to make a mistake this way. Because of this, your petition will have a high chance of getting rejected. When this happens, you will not be able to submit again for another 1 to 5 years.
It would be best to seek the help of an experienced California Sex Crime Attorney at Summit Defense Law if you are facing sex crime charges.
Tier One
The lowest level of a sexual offense is categorized here. Most misdemeanor sex offenses are covered under this tier. These crimes are indecent exposure, prostitution, and child pornography.
Tier one offenders are required by the law to register their information for ten years. Misdemeanor sexual battery also falls in this category. Extra punishments are given by the court depending on the offense. Even if you are facing a tier-one sentence, you should still seek the help of a criminal defense attorney.
Tier Two
Tier two is a medium tier. This means that crimes categorized under this tier are more severe than tier one but lesser than tier three. A tier two convict needs to register as a sex offender for a minimum of twenty years.
Certain sex crimes are covered in this tier. This tier includes offenses like lewd acts with children under 14-years old or soliciting sex from underage prostitutes. This tier also contains statutory rape or forcing a sexual interaction with someone who can’t legally consent.
Other examples of tier two sexual offenses are human trafficking involving forced labor or prostitution by force or threat. This tier also includes aggravated assault against an older person, resulting in serious injury.
Tier Three
People who commit serious felony sexual assaults which involve violence through force but do not result in death belong here. This is the highest category of sexual offenses. This tier covers the most serious sex offenses under the law. Convicts under this tier are punished for a lifetime sex offender registration.
The example given by California Law is attempted sexual assault. In addition, the law also covers continuous sexual abuse of young children, forced oral copulation on a restrained victim, and repeated assaults against minors. Sex trafficking also falls under this tier.
This tier also includes sex offenses that use force or threat. An example of this is gang rape where multiple perpetrators attacked the victim at once.
Reporting Requirements under PC 290 In California
Penal Code 290 of the California Statutes makes it illegal for sex crimes offenders if they do not register their names. These people are required to update their information for a duration of time. Under the new California Sex Offenders Law, every convict’s legal duty is to update their information every year.
They will report their information to a local enforcement agency. The California Department of Justice oversees the compliance of registered sex offenders.
Moving
You must physically submit your new information to your local police department when you move. A convict needs to complete this within five working days of your move. Suppose you have more than one place where you stay. In that case, you must report all of your addresses to your local department.
In addition, if you have several addresses located in different cities, you must report the residential information to the relevant law enforcement agency of each location.
Furthermore, if you migrate outside of California, your new home state may have its law against sex offenders. In this case, you might need to register as a sex offender to comply with their local statutes.
Suppose you do not live in California but work or go to school there and are a registered sex offender in your residential state. In that case, you will need to register your information with the local law enforcement where your work or school is located.
Transients
If you are living as a transient, you must notify the local law enforcement agency in the region where you are physically present. This regulation will also apply to any temporary residence settings. Offenders are required to update their information at least once every thirty days.
Suppose you moved to another place within five days following your original duty to register as a sex offender. In this case, you must report to the agency where you are physically present on the fifth working day.
For example, if you are convicted on a Monday and move to another place on Wednesday. In this case, you will need to report your information to the nearest police department within the Wednesday of the following week.
Suppose you decide to move to a different state. In that case, you will need to report your information to the state’s local agency. They might have their own sex offender law.
Sexually Violent Predators
California Sex Offender Laws have a special law for sexually violent predators. These offenders must update their information every ninety days. A convict who fails to follow this rule will face severe punishments from the law.
California law defines a “sexually violent predator” as a person who has been convicted of a serious sexual offense. They also have a proven severe mental health disorder. Because of these reasons, they are considered a hazard to the community.
Miscellaneous Provisions
The law also requires offenders to report to the local authority if they change their name. Convicts are required to submit their new personal information within five working days.
Also, some people with dropped charges still need to follow this regulation. Under the same law, previously convicted individuals are still required to update their information. This is only applicable if a charge is dropped due to insanity. It’s best to confirm with your lawyer if you are in a similar situation.
Being Enrolled Or Employed By A California College
Under the revised law, college students or employees must give their information to campus police. In addition to this regulation, they are also required to report their information to the local police.
Suppose they are going to leave the college or university. In that case, they need to report these changes to the campus police or the local police department. This law is applicable to both full-time and part-time college employees.
Working With Or Supervising Children
Convicts who are accepted into a job need to inform their employer about their status. This is regardless of the position. Voluntary or not, they are required to update their employer.
They must inform their employers, group, or volunteer organization about their status. These people are required to disclose this detail during the application process.
There are also specific laws preventing convicts from applying to certain job positions. A convict with an offense involving a minor under the age of 16 cannot apply for a job that involves children.
If hired in a public or private institution, the local agency will notify your employer about your status.
What You Need To Know About California’s Megan’s Law And How It Works
The federal law passed Megan’s Law in all 50 states, including California. The court passed this law to protect the general public from roaming sexual offenders.
This law requires current sex offenders to register their information with the local authority. They will face grave punishment for failing to comply with this rule.
Currently, California has registered more than 90,000 people who committed a sexual offense. About 60 percent are accused child molesters or abusers. On the other hand, the remaining 40 percent are convicted of lewd conduct charges.
The law requires registered sex offenders to provide the following information:
- The birth name and changed name
- Online or social media accounts
- Physical description
- Current residential addresses
- Place of employment
All registered sex offenders must update their personal information within five days after changing. It is punishable by law for registered sex offenders to fail to update their details on time. If convicted of this charge, they are sentenced to up to three years in prison. They are also punished with a $3000 fine.
Additionally, a second offense will lead them to eight years imprisonment. Furthermore, they are punished with a fine worth $5000.
Consequences When You Fail To Register In The Sex Offender’s Registry In California
Under the new law, convicted sex offenders are required to register in the registry. If they fail to update their information, they will face severe consequences. This is why they must keep up with all their registration deadlines.
Failure to update a sex offense registration can be a misdemeanor or felony offense in California.
A misdemeanor offense extends a convict’s minimum registration period. They will have an extra year for each conviction. For example, if you are in Tier 1, you will have a Minimum Registration Period of 10 years. But, if you failed to register twice, then two years is added to your minimum requirement. This means that you will need to serve a minimum of twelve years of registration.
If you incurred a felony offense, your minimum registration period would also extend. But it’s much longer than a misdemeanor offense. Convicted felons will receive an extra three years for every failure to comply.
In the same example, if you fail to comply twice, you will have an extra six years of the minimum registration period. This means that your new minimum registration period is sixteen years.
You Can Remove Your Name From The Sex Offender Registration List
While it is possible to be removed from this list, certain conditions need to be met. If you were an underaged minor below eighteen years old at the time of your offense, the court could exclude you from the registration list. Also, if you can prove that someone else committed the crime for which you were convicted, it may be possible to get out of the registration list.
There are other ways to get off the list as well. For example, if you can show that your crime was not sexually motivated or it happened because of a mistake on your part. In this case, the court will allow you to file a petition for removal from this list.
It is unlikely that someone with an active case against them will have their name removed. But, if they feel like they were wrongly accused in the first place, then they can appeal for their rights.
The judge has some discretion when deciding what course of action would be most appropriate. They will have to check all circumstances surrounding the offense and conviction.
Does SB 145 Affect Registration Requirements?
Before Senate Bill 145 was enacted into law, the following sexual acts were considered sexual offenses:
- Sodomy
- Oral copulation of a child
- Penetration by a foreign object
However, California judges have certain limitations with the current law in effect. For example, suppose the defendant is no more than ten years older than the victim. In that case, they are not required to register as a sexual offender. Moreover, suppose the child victim is at least fourteen years old. In that case, the defendant is also not required to register as a sexual offender.
Contact A Sex Crime Attorney In California To Know More About Sex Offender Registration Laws In California
The California Sex Offender Registry Laws in 2021 is a reasonably new regulation. Many people may find it confusing or make critical mistakes that might make their registry sentence longer. The best way to handle this is to seek professional legal advice from a knowledgeable California sex crime lawyer.
Summit Defense Law Firm is dedicated to helping clients with their sex crime charges. It’s easy to get lost in a complicated law. But, we will help you understand what is going on in your case. With our help, our criminal defense lawyers will handle your lawsuit with utmost care and efficiency.
We aim to establish a solid and reliable attorney-client relationship. If you need assistance with your sexual charges, call us now! You can reach us by calling our local number at 1-866-537-2584. Our telephone representative is available 24 hours for seven days. You may also fill up our online contact form.
