Posted by Gurjit Srai In sex crime June 24, 2024 0 Comment

In California, failing to register as a sex offender is a serious crime that carries significant legal
consequences. This requirement is outlined in California Penal Code Section 290, which
mandates that individuals convicted of certain sex offenses must register with local law
enforcement.

Registration Requirements

Individuals convicted of sex offenses in California must:

  1. Register with Local Law Enforcement: Within five working days of moving to a new
    residence, starting or changing schools, or being released from incarceration.
  2. Update Information: Annually, within five working days of their birthday, and
    whenever there is a change in residence, employment, or school.
  3. Transient Registration: Homeless or transient offenders must update their registration
    every 30 days.

Penalties for Failure to Register

The penalties for failing to register as a sex offender depend on the underlying offense that
required registration:

  1. Misdemeanor Failure to Register: If the original sex offense was a misdemeanor,
    failure to register is also typically a misdemeanor, punishable by up to one year in county
    jail.
  2. Felony Failure to Register: If the original sex offense was a felony, failure to register is
    a felony. This is punishable by:
    o 16 months, 2 years, or 3 years in state prison.
  3. Second or Subsequent Offense: A second or subsequent failure to register is often
    charged as a felony, regardless of the original offense.

Additional Consequences

  1. Probation or Parole Violations: Failing to register can be a violation of probation or
    parole, leading to additional penalties.
  2. Sex Offender Registry Extension: Conviction for failing to register can extend the time
    an individual is required to stay on the sex offender registry.

Defenses to Failure to Register

Several defenses may be available to someone charged with failing to register as a sex offender:

  1. Lack of Knowledge: The defendant did not know about the registration requirement.
    This can be a valid defense if the prosecution cannot prove that the defendant was aware
    they needed to register.
  2. Inability to Register: Circumstances beyond the defendant’s control prevented them
    from registering (e.g., hospitalization or incarceration during the registration period).
  3. False Accusation: The defendant was falsely accused of failing to register.
  4. Mistake of Fact: The defendant reasonably believed they had met the registration
    requirements.

Call an Experienced Criminal Defense Attorney

If you or someone you know has been arrested or is facing a criminal investigation, it is in your
best interest to immediately consult with an experienced criminal defense attorney to help you
learn about your legal rights and options.
For more information or to schedule a complimentary consultation with Stockton criminal defense
attorney
 Gurjit Srai, please call (209) 323-5558 or complete our online form.