Possible Tier Sex Offender Registration (CA Penal Code 290-294)

Rabin Nabizadeh
January 16, 2015

CARSOL (California Reform Sex Offender Laws) is currently in the process of lobbying state legislators in Sacramento on behalf of a new plan that promises to offer some relief to those citizens who have been forced to register as sex offenders in California (CA Penal Code 290-294).  However, while there is a good deal of support for this kind of thinking, others claim that the entire process is unconstitutional and should be abolished, not retooled.

As for the constitutionality of the current laws, there is at least one crucial point to remember, the United States government is not allowed to place citizens under ‘contract’ (as a registry does) unless this measure is punitive.  Additionally, although this is not constitutional in and of itself, state legislatures (including that of California) have made it legal as far as each individual state is concerned.  Think of it as similar to state marijuana laws, voters in each state can vote to make use of marijuana legal, but that does not prevent federal law enforcement agents from acting to uphold federal laws against the use and possession of marijuana, which supersede state laws.  In the case of sex offender registries, the opposite seems to be true, state laws seems to supersede their constitutionality as far as the entire nation is concerned.

What supporters of a ‘tiered’ system argue for is a compromise.  They believe that the California sex offender registry will never be abolished and so seek to at least mitigate some of the extraordinarily detrimental effects being placed on the registry can mean for convicted offenders, or for many who believe that they were forced into a guilty plea by foolish public defenders and overzealous members of law enforcement.  Detractors of the tiered system worry that placing sex offenders into different strata according to carefully constructed criteria that would determine the seriousness of their crime is beside the point.  They would rather the system were abolished entirely.


latest news

October 10, 2023
Do You Lose Your License Immediately After a DUI Charge in San Jose?

Driving under the influence (DUI) is a major offense in San Jose. If you’ve been arrested for a DUI, you might be worried about the future of your driver’s license. Following a DUI arrest, you might be wondering what to do next. Knowing your rights and the next steps can significantly impact the outcome of […]

October 9, 2023
San Jose Common Questions About Criminal Defense

Navigating the complexities of criminal law in San Jose can be confusing. Many residents often have questions about their rights, the legal process, and the consequences of a criminal charge. Fortunately, understanding these topics is easier with the correct information. At Summit Defense, our criminal defense lawyers are here to help you. Every criminal offense is […]

May 18, 2023
How To Beat a DUI in California

Being charged with a DUI in California is a serious matter. If you get convicted of a DUI, you spend time in jail, have your license suspended or revoked, and face significant fines and other penalties. A DUI conviction will also appear on your records, which might make it hard for you to secure housing […]