California law is harsh when it comes to sexual offenses. Anyone convicted of sexual assault faces particularly severe penalties, including significant time behind bars and large fines. Beyond that, anyone convicted of a sexual crime must register as a sex offender. These types of charges plainly impact defendants long-term. Defending against them requires the proficiency and tact of an experienced criminal defense attorney.
Registration
After being released from a mental hospital, prison, jail, or probation, or after moving to the state of California, every convicted sex offender in the state of California is required to register with the California Sex Offender Registry. Offenders are obligated to check in at annual intervals within five working days of their birthday. Those offenders with a history of violent crimes are required to check in more frequently. Any address change must be notified within five working days. The length of time an offender remains on the registry is based on tiers, which are determined based on the crimes involved:
Tier I: These are lower-level offenders who have been convicted of misdemeanors such as sexual battery or indecent exposure. Such individuals are required to be registered with law enforcement for 10 years.
Tier 2: Mid-level offenders who have been convicted of crimes such as lewd conduct with a child must remain on the registry for 20 years.
Tier 3: High-level offenders who have been convicted of crimes such as sexual assault or rape or who have been convicted of repeated sex crimes are mandated to register for the rest of their lives.
Juvenile offenders at Tier 1 and 2 are eligible for a reduction in the number of years they register with a petition to the court.
California Registration Information Display
The registration process involves informing law enforcement of information such as living arrangements, employment, student status, driver’s license number, vehicle information, and volunteer work. Updates are mandatory when there are changes to this information. Anyone who lacks a permanent residence must report to the registry monthly to notify police where they are sleeping. Certain registrant information is publicly available on the website, and the content of the display is based on the offender’s conviction:
- Certain low-level offenders may be excluded from the website;
- Some offenders have just their ZIP code, county, and city posted;
- The most serious offenders have their home address included in the post.
Compliance Failure
Offenders who fail to comply with these requirements could be charged with a felony, resulting in up to three years behind bars. Third-strike offenders and repeat offenders could find themselves facing 25 more years in prison.
Additional Restrictions
Offenders may be subject to restrictions on phone, computer, and digital use depending on the crime and other factors.
Do You Need a Lawyer?
Do you need a lawyer? If you are dealing with sex offense charges, the answer is a resounding YES. The experienced criminal defense attorneys at Boertje & Associates always fight to achieve the best possible outcomes for you. To discuss, schedule a confidential consultation in our San Diego office today.