How Will California Sex Offender Registration Change Under SB 384?

If you are required to register as a sex offender due to a past conviction, the current rules require that you continually register for as long as you live, work, or attend school in California. However, the system requiring lifetime registration is coming to an end. Due to a law passed in October 2017, California will transition from lifetime registration to placing sex offenders in tiers. The tier you are placed in will determine your registration requirements, including how long you must continue registering.

What is SB 384?

Starting on January 1, 2021, California will utilize a tier-based reporting scheme for sex offenders as part of Senate Bill 384. The following are the tiers California will use for adult convictions requiring sex offender registration:

• Tier 1 – You must register for 10 years after the end of any prison term;
• Tier 2 – You must register for 20 years after the end of any prison term; and,
• Tier 3 – Lifetime registration as a sex-offender.

Juvenile convictions will be governed by slightly different requirements, with:

• Tier 1 requiring registration for 5 years after discharge from custody; and
• Tier 2 requiring registration for 10 years after discharge from custody.

How Are Tiers Determined Under SB 384?

Tier classification is based on the crime or crimes for which you were convicted. Generally, Tier 1 offenses include:

• Misdemeanor convictions requiring registration, such as:
  • Sexual battery;
  • Child pornography;
  • Indecent Exposure;
  • Oral Copulation; or,
  • Sodomy.
• Non-violent felonies requiring registration, like;
  • Inducing sex by fraud; or,
  • Sodomy.

Tier 2 offenders are those who have been convicted of non-violent felonies requiring registration with aggravating factors, for example:

• Most sexual crimes where the victim is incapable of consenting due to disabilities or disorders;
• Lewd acts with a minor under 14; or,
• Contacting a minor with the intent to commit a felony.

Tier 3 offenses include:

• Violent felonies requiring registration, such as:
  • Sexual crimes by force;
  • Felony sexual battery;
  • Aggravated sexual assault of a child; or,
  • Kidnapping involving a forced sexual act or rape.
• Sexual crimes committed against a minor, like:
  • Sending harmful material to seduce a minor;
  • Arranging to meet with a minor for lewd purposes, or;
  • Sex acts against a child 10 or younger.

This list is not exhaustive, and you should consult with an expert criminal defense attorney to determine the classification for your specific case. Additionally, judges are permitted to decide that someone is particularly risky and require them to be placed in a different tier, as long as judge explains the reasons for their decision.

Will I Have To Register Under SB 384?

The new registration system for sex offenders in California allows you to be removed from the requirement to register if you complete the following:

• You have registered for the mandatory minimum number of years for your tier;
• You have finished all probation requirements from your conviction; and
• You have not been convicted of any further crimes.

SB 384 allows you to petition your local court after your first birthday following July 1, 2021, to terminate your requirement to register as a sex offender. The court must either grant or deny your petition.

You may also pursue a certificate of rehabilitation that would not only expunge your case but relieve you of the requirement that you register. A skilled criminal defense attorney in California can best help you determine how SB 384 and other laws affect your specific case.

If you have been charged with any type of sex crime, or you’re currently required to register as a sex offender, you need an attorney who can fight for you. The Chambers Law Firm will be on your side from day one. Call us today at 714-760-4088 or email us at dchambers@clfca.com to request a free legal consultation.