Most offenses no longer require lifetime registration under SB 384.
If you have been convicted of a sex offense under California law, you will likely serve time in prison, and potentially pay a significant fine. But for most people, one of the most devastating consequences of a sexual offense conviction is the requirement that they register as a sex offender. That is why it is vital to speak to an experienced criminal attorney Los Angeles, CA as soon as possible if you have been charged with a sex crime.
If you are convicted of certain sex crimes in California, you will be required to register as a sex offender. Registration requires you to report to report to your local law enforcement agency within 5 working days of your sentence, release from custody or discharge from a hospital or mental institution. From there, your information will be forwarded to the California Department of Justice (DOJ). At the DOJ, the Sex Offender Tracking Program maintains a list of California’s registered sex offenders.
Information about registered sex offenders in California is viewable through the DOJ’s Megan’s Law website. Whether your specific information is available on the Megan’s Law website will depend on your specific conviction. If your information is available on the site, it will include your name, a photo, identifying information and the offenses that you were convicted of, such as rape. Depending on the crime you were convicted of and your criminal history, your address may also appear online.
According to a criminal attorney Los Angeles, CA, there are three tiers of the California sex offender registry. Under a new law, SB 384, most sex offenses no longer require lifetime registry.
- Tier one requires registration for at least 10 years. This tier is reserved for people convicted of lower level sex offenses, such as sex by fraud and indecent exposure.
- Tier two requires registration for at least 20 years. This tier is reserved for those convicted of mid-level offense such as incest and non-forcible sodomy with a minor under 14 years of age.
- Tier three requires lifetime registration as a sex offender. It is for people convicted of the most serious sex crimes, including most rapes, sex trafficking of children, sex offenses against children aged 10 and younger, and repeated sexual offenses.
To be removed from the sex offender registry, a person on Tier one or Tier two must petition the court at the end of his or her 10 or 20 year period. As a district attorney can request a hearing to oppose this petition, it is helpful to have the assistance of a skilled criminal attorney Los Angeles, CA in making this request.
Significantly, a judge can require a defendant in a criminal case to register as a sex offender for any offense if he or she believes that you acted for the purpose of sexual gratification or out of sexual compulsion. In addition, if you are incarcerated while on the Tier one or Tier two registry, your period of registration is tolled (or paused) while you are in jail.
The rules surrounding the California sex offender registry are complicated. One thing is for certain: registration is a consequence that can have a lifelong impact. If you have been charged with a sexually-based offense, you will need a seasoned criminal attorney Los Angeles, CA to represent you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com for help.
