Sex Offender Laws in California
In California, a convict of a sex offense will experience a significant impact in his/her life. According to California’s sex offender registration requirement that is found in the Penal Code 290 (PC 290), requires offenders to place their name on a public record if they are found guilty of one of the qualifying sex crimes. These people may be required to register as a sex offender for life.
- The Penal Code 290 states that a person will be required to register as a sex offender if he/she is convicted of certain sex offenses.
- The California state law regarding sex offenders applies to anyone living, working, or going to school in California, even if they were convicted of sex crimes in another state. If they have a sex crime conviction from out of state, the crime will fall within Penal Code 290 in California.
- California not only has a large number of sex offenses that require registration, but the law also allows for the judge in the case to order them to register as a sex offender even for convictions that do not fall under Penal Code 290. While it is a rare case, it can happen if the judge in their case is convinced that you are a danger to others based on a “compulsion for sexual gratification or sexual abuse.”
Categories to determine Sex offenders registration requirements
There was a new California law that established in the Senate Bill 384 that will alter sex offender in January 2021, which allows for some of the sex offenders to be removed from the sex offender registry. Sex crimes that do require registration fall into three tiered categories that determine their registration requirements.
- Tier one
Tier one level includes the lowest level of requirements for people who commit sexual offenses such as misdemeanor sexual assault or indecent exposure. These sex offenders must be registered for at least ten years.
- Tier two
Tier two includes the registration of mid-level sexual offenses such as lewd acts with a minor who is under 14 years of age and non-forced sex crimes with a child. These sex offenders must be registered for at least 20 years.
- Tier three
Tier has the most strict requirements, with mandatory lifetime sex offender registration. It includes crimes such as rape, sex trafficking o minors, and sex crimes against children who are younger than ten years. Repeat offenders are also generally included in tier three.
Restrictions that sex offenders need to comply in California
The California state law is very stringent for sex offenders. The Supreme Court of California has found that many sex offender requirements cannot be mandatory requirements for every sex offender. Preferably, a case-by-case basis will determine what a convicted person must do to comply with Penal Code 290. The details of their crime will determine Their requirements and criminal history
- Offenders cannot live at a certain distance from restricted areas
They will not be able to live within a certain distance of a school or place where children gather. It depends on how this applied to their situation, and they may be unable to live in a large percentage of neighborhoods in their area.
- High-risk offenders have tracking
There is GPS monitoring if they are determined to be a high-risk offender.
- Extended parole may apply
Sex offenders may have extended parole, or even probation, for some crimes that they have committed.
Duration of required registration
Once a sex offender is convicted or adjudicated in the state of California, it is a lifetime requirement for both minors and adults. To be relieved of this requirement, juveniles who are adjudicated in juvenile court may petition to have their record sealed. While adults may petition the court for a Certificate of Rehabilitation in some cases or a full Governor’s Pardon in most cases.