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CA Tier System for Sex Offenders
Penal Code 290 & 290(d)
California recently enacted a new law that affects the length of time that a convicted sex offender must register as such pursuant to PC 290 (See PC 290 Registration Requirements). The new law is found in California Senate Bill 384 & PC 290.5. Essentially, the new law creates a tiered system for sex offender registration. The tiers are divided as follows:
Tier One: Ten-Year Registration Requirement: This tier is reserved for sex crimes that are the least serious of the sex crimes that otherwise require sex offender registration, including, misdemeanor sexual battery (PC 243.4)), misdemeanor indecent exposure (PC 314), misdemeanor lewd acts with a minor over fourteen (PC 288(c)), misdemeanor annoy or molest a child (PC 647.6(a), misdemeanor possession of child pornography (PC 311.11), crimes for which the court mandated sex offender registration pursuant to PC 290.006, and more.
Tier Two: Twenty-Year Registration Requirement: This tier is reserved for sex crimes that are more serious than tier one level sex offenses, but not as serious as tier three level sex offenses, including, lewd and lascivious acts on a minor less than fourteen years of age (PC 288(a)), oral copulation on a minor less than fourteen years of age without force or violence (PC 287), sodomy of a minor less than fourteen years of age without force or violence (PC 286), incest (PC 285), and more.
Tier Three: Life-Time Registration Requirement: This tier is reserved for defendant’s convicted of the most serious and violent sex offense, including, sex trafficking of a child (PC 236.1), sodomy by force or violence, aggravated rape, sexual penetration by force on a minor, sex, sodomy, oral copulation or sexual penetration of a minor under ten (PC 288.7), aggravated sexual assault of a minor (PC 269), kidnapping for a sex offense (PC 209(b)), and more.
Note: For brevity, only the most common sex crimes requiring sex offender registration are listed above. Some sex crimes do not require sex offender registration, such as prostitution, misdemeanor statutory rape, distribute nude photos for revenge, and more. Also, some sex crimes convictions that require sex offender registration may fall under more than one tier in certain situations.
Juveniles & SB 384: SB 384 creates a two-tiered system for juvenile sex offenders. For the most part, felony sex crimes listed in PC 290(c), which are committed by juveniles, require a ten-year sex offender registration, and misdemeanor sex crimes listed in PC 290(c), which are committed by juveniles, require a five-year sex offender registration requirement.
For more information on California’s new tier system for sex offender registration pursuant to PC 290, or how to terminate sex offender registration, contact our sex crimes criminal defense lawyers today for a free consultation. Our experienced team offers post-conviction service for all misdemeanor and felony sex crimes in the Inland Empire. Call today!