California SB145: Recent Changes to California Sex Crimes Registration Law (PC 290). Sex Crimes Criminal Defense Lawyers Explain Senate Bill 145 (PC 290(c)(3)).
- May 19
- 6 min read
Recently, California Senate Bill 145, identified at Penal Code 290(c)(3), granted California criminal court judges the discretion to order sex offender registration after conviction of some sex crimes that previously mandated sex offender registration.
For example, prior to the passage of SB 145 (PC 290(c)(3)), the crime of oral copulation on a minor over the age of thirteen (13), when the minor was less than ten (10) years younger then the defendant, required sex offender registration. Now, after the passage of SB 145 (PC 290(c)(3)), the criminal court judge has discretion as to whether to order sex offender registration in the same case.
Note: All penalties related to sex crimes after the passage of SB 145 (PC 290(c)(3)) remained the same. Only the requirement of sex offender registration changed as to some sex crimes after the passage of SB 145 (PC 290(c)(3)).
The list of sex crimes affected by the passage of SB 145 (PC 290(c)(3)) include the following: anal sex with a minor charged as PC 286(b), oral copulation of minor charged as PC 287(b), sexual penetration of minor charged as PC 289(h) or PC 289(i).
As to the above listed sex crimes, the criminal court judge now has discretion as to whether sex offender registration should be ordered after conviction. Prior to Senate Bill 145, a conviction for these crimes required sex offender registration.
The California Legislature’s purpose of SB 145 was to create legal consistency with the criminal court’s discretion to order sex offender registration after a criminal conviction for the crime of statutory rape (aka unlawful sexual intercourse).
Prior to SB 145, a conviction for statutory rape (PC 261.5), where the minor was over the age of thirteen (13), and the defendant was not more than ten (10) years older than the minor, did not automatically result in sex offender registration.
Now, after the passage of SB 145, crimes of statutory anal sex (sodomy), statutory oral copulation, and statutory sex penetration have sex offender registration rules that are consistent with sex offender registration requirements for statutory rape.
Equal Protection for LGBT Community
Prior to the passage of CA SB 145, the LGBT community fought for equal protection of the laws regarding sex offender registration requirements. The LGBT community argued that vaginal sex between a heterosexual man and woman, where one of the parties to the intercourse was a minor, was treated less severely as demonstrated by the “discretionary” sex offender registration requirement for statutory rape (PC 261.5).
After the passage of SB 145 (PC 290(c)(3)), same sex sexual activity (i.e., oral sex, anal sex, sexual penetration) between a minor with an adult, where the sexual interaction is otherwise consensual but for the lack of the minor’s ability to legally consent, is now protected similarly to statutory rape between heterosexual intercourse, at least as far as the requirements for sex offender registration.
PC 261.5(D) Changes to CA Law: SB 145 also changed sex offender registration requirements after a conviction for statutory rape. Prior to SB 145, a conviction for statutory rape (aka unlawful sexual intercourse) resulted in discretionary sex offender registration regardless of the age of the defendant.
Now, after the passage of SB 145, sex offender registration is required when the defendant is more than ten (10) years older than the minor in a statutory rape case (PC 261.5(d)).
The changes to statutory rape law charged as PC 261.5(d) are now in line with the other statutory sex crimes that mandate sex offender registration when the defendant is more than ten (10) years older than the minor.
Felony v. Misdemeanor Conviction
SB 145 (PC 290(c)(3)) applies to misdemeanor versions of statutory sex crimes (i.e., statutory rape, statutory oral copulation, statutory anal sex (sodomy), and statutory sexual penetration).
Felony classification of these crimes generally indicates that either 1) the crime involved non-consent to sexual activity between the minor and the defendant (i.e., forced), or 2) there is more than ten (10) years age difference between the minor and the defendant.
Prior Conviction & Aggravation Issues
When the defendant has prior conviction for registerable sex crimes, and he or she is convicted of a new sex offense listed in SB 145 (where sex offender registration is otherwise discretionary), the defendant will not be eligible for discretionary sex offender registration.
Discretionary PC 290 Registration
When sex offender registration is discretionary after a sex crimes conviction, the criminal court judge will weigh any mitigating and aggravating factors relevant to the circumstances of the case to determine whether the defendant should be required to register as a sex offender (PC 290.006).
The court will state its reason(s) for requiring, or not requiring, sex offender registration after a conviction for a sex crime where sex offender registration is discretionary. This makes the legal argument for mitigating factors in a sex offender registration case paramount after a conviction for a crime listed in SB 145 (PC 290(c)(3)).
No Change to Most Sex Crimes
Most sex crimes convictions already fell into either a mandatory registration offense situation, or a non-mandatory registration offense situation. Nothing in SB 145 (PC 290(c)(3)) changes these laws.
As stated, SB 145 is limited to creating a discretionary sex offender registration system to the existing sex crimes of statutory sodomy, statutory sexual penetration, and statutory oral copulation discretionary sex offender registration to create similarity between the consequences of these crimes to those that already existed for statutory rape.
This means that most crime remain in either the mandatory sex offender registration category or the non-sex offender registration category. These include the following:
Mandatory Sex Offender Registration Crimes
Oral Cop on Child under 14
Sexual Pen. of Child under 14
Cont. Sexual Abuse of Child
Send Harmful Matter to Child
Pimping of Minor
Sexual Battery
Rape by Force & Gang Rape
Attempt Rape
Human Sex Trafficking
Lewd Act on Child by Force
Indecent Exposure
Kidnap for Sex Offense
Incest, and more
Non-Mandatory Sex Offense Registration Crimes
Revenge Porn
Lewd Act in Public
Note: PC 290.006 makes any sex crimes, either felony or misdemeanor, that is not a mandatory sex offender registration crime a “discretionary” sex offender registration crime. This means that there is no true non-mandatory sex offender registration crime; however, in practice, the judge will rarely order sex offender registration in a discretionary sex offender registration case that is no listed in SB 145 or PC 290(c)(3)).
Example: The crime of prostitution (PC 647(b)) is not a mandatory sex offender registration offense after conviction. Nevertheless, a judge could, with sufficient aggravating factors, order the defendant to register as a sex offender after a conviction for prostitution.
The reason the judge can order the defendant to register as a sex offender in the above example is that PC 290.006 grants the judge the authority to order sex offender registration in any case where the crime was committed to advance the defendant’s sexual gratification (See PC 290.006).
However, in practice, the judge will almost never order the defendant to register as a sex offender after conviction for a non-mandatory sex offender registerable offense that is not listed in SB 145 (PC 290(c)(3)) [i.e., statutory sex offenses].
Length of Sex Offender Registration
SB 145 (PC 290(c)(3)) does not discuss the length of sex offender registration for any misdemeanor or felony statutory sex offense conviction. Nevertheless, for purpose of brevity, most statutory sex offenses discussed in SB 145 will result in a ten (10) year, tier one (1) sex offender registration requirement if the judge, in his or her discretion, order sex offender registration at all.
For length of sex offender registration per sex offense, see SB 384 & Sex Offender Registration Requirements.
In some cases, the defendant may be removed from either the sex offender registry or the sex offender website. For more information, see PC 290.5 Terminate Sex Offender Registration Requirements & Removal from Sex Offender Website.
Sex Offender Registration Requirement
For more information on the requirement for sex offenders, see PC 290 Registration Requirements.
PC 290(c)(3) Law
'…a person convicted of PC 261.5(c), 261.5(d), 286(b), 287(b), 289(h), or 289(i) shall not be required to register if, at the time of the offense, the person is not more than ten years older than the minor…, and the conviction is the only one requiring the person to register. This does not preclude the court from requiring a person to register pursuant to Section 290.006' (PC 290(c)(3) Abbrev.).
To learn more about SB 145, or sex crimes criminal defense, contact our sex crimes criminal defense lawyers today for a free consultation.
Our team of award-winning criminal defense lawyers have successfully defended hundreds of felony and misdemeanor sex crimes charges in the Inland Empire, Los Angeles and Orange County.
Our focus is the defense of sex crimes allegations, including criminal charges of lewd act on a child (Child Molestation & PC 288 Crimes), oral copulation (PC 287), indecent exposure (PC 314), prostitution (PC 647(b)), sexual battery (PC 243.4), sodomy (PC 286), sexual penetration (PC 289), child porn possession (PC 311), pimping (PC 266h), pandering (PC 266i), incest (PC 285), and more. Call today!
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