Prior to 2021, no matter what the sex crime was, there was a blanket rule that if someone was convicted of that sex crime, one would have to register as a sex offender for the rest of their life.  

But – good news – in 2021, a new law came out, where now, there is a three-tiered sex offender registration system in California.  This law now distinguishes between sex crimes and takes away the automatic lifetime registration requirement. 

Tier 1

-10 years sex registration; 5 years if minor 

-All misdemeanor sex offenses and some minor felony sex offenses, including: 

-PC 314 – Exposing oneself lewdly in public where others are present 

-PC 311.11 – Possession of Child Pornography 

-PC 243.4 – Sexual Battery 

-PC 266(c) – Inducing sex by fraud

-PC 289.6 – Misdemeanor sodomy 

-PC 289.6 – Misdemeanor oral copulation 

-PC 288.4 – Meeting with a minor for lewd purposes 

Tier 2

-20 years sex registration, 10 years if minor 

-Mid-level sex crimes, including: 

-PC 285 – Incest 

-PC 261 – Rape

-PC 286 – Sodomy with minor under 14 years of age

-PC 287 – Oral Copulation with minor under 14 years or age and more than 10 years younger than defendant

-PC 289 – Penetration with a foreign object

-PC 647.6 – annoying a child as subsequent offense (reoffending)

Tier 3

-Lifetime registration

-High level sex crimes, for example: 

-Murder during the commission of rape or forced sexual act

-Kidnapping with rape/sexual act

-Assault with intent to commit felony 

-Sex Trafficking 

-Rape

-Felony sexual battery 

-Spousal rape

-Aiding a rape

-Lewd acts with minor 

-Sex acts on child under 10 years of age

The crimes above are just examples and there are other sex crimes that could go under the tiers.  And, one must remember that even though one may not be pleading to a sex crime, the court may order the person to register as a sex offender if the underlying offense was a result of sexual compulsion or for purposes of sexual gratification.  (See Penal Code 290.006).  

Besides looking at the crime one is being convicted of, how does the court determine what tier one goes in?  

Under Penal Code 290.006(c), the statute lists factors as to what courts look for in determining what tier a sex registrant belongs to.  The court will look at the nature of the offense (as seen above), the age of the victim(s), whether the victim was known to the defendant, the criminal history of the defendant, whether there is past sexual offenses, and the risk of offending again. 

Removal of Sex Registration 

If one has been sentenced to Tier 1 and Tier 2 sex registration, one can petition the court to end the 10 or 20 year registration period. 

Megan’s Law

Once someone registers as a sex offender, their information is generally available to the public on the Department of Justice’s Megan’s Law website.  The website will display the specific sexual offense one has committed in California.  It will also show one’s photo, identifying information (describe what one may look like), and your address may appear as well. 

Expungement – 1203.4 – Can someone expunge their sex crime from their record? 

Short answer – yes – you can. But, it depends on what you have been convicted of.  If it is for a misdemeanor, low level offense, it is possible.  

Contact an attorney today to help you out if you are facing sex registration or the possibility of it.  

California Assembly Bill (AB) 124 amended section 1170 of the Penal Code.  As relevant, it now reads: 

“Unless the court finds that the aggravating circumstances outweigh the mitigating circumstances such that imposition of the lower term would be contrary to the interests of justice, the court shall order imposition of the lower term if any of the following was a contributing factor in the commission of the offense: 

The person has experienced psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence.”  (See Penal Code section 1170, subds. (b)(6) & (b)(6)(A).”  

What this means is that if the defendant can show to the court that he/she was a direct victim of childhood abuse, neglect, exploitation, or sexual violence, the court is required to impose a mitigated sentence.  

For example, let’s say you are being charged with PC 288 – Lewd Acts with a Minor Child Under 14.  PC 288(a) is a felony.  It has a mitigated sentence of 3 years, a mid term sentence of 6 years, and an aggravated sentence of 8 years in prison.  Now, when you were a child, you were sexually assaulted by your father at age 5.  You experienced sexual trauma that carried into your adulthood.  With the law under AB 124, your attorney should have a mitigation report prepared to share with the court and DA that you should not get the mid-term of 6 years or the aggravated term of 8 years, but the mitigated term of 3 years due to your documented childhood trauma.  

There is the possibility that the court may sentence you to the mid or aggravated sentence if the aggravating circumstances outweigh the mitigating circumstances – but, that is why it is key to have an attorney familiar with the rules and court to make these arguments for you.  

Also note – there additionally is a presumption for the lower term when someone has mental illness when committing a sex crime.  What one may have to do is get a psychological evaluation to determine what the contributing mental illness is when the sex crime was committed.  It is incredibly important to investigate and understand the accused’s full background and history to ensure all mitigating factors are explored.  An experienced attorney will have the right questions to ask to get the correct information from you.  Old school reports, previous diagnosis, and doctor notes are helpful in gathering information for building the mitigation report.  When one’s exposure is higher, say, life in prison or 30 years, arguing for the mitigated sentence is key particularly when one has the trauma and illness described in this article. 

Lastly, AB 124 is retroactive.  What that means is that it can be used not only now, but for people who have already been sentenced.  If you were sentenced to a sex crime but your attorney never brought up the fact that you are either a survivor of sexual abuse, have sexual trauma in the past, have a mental illness, etc. – you may be able to bring that up now and be re-sentenced to something lower.  Arguing AB-124 may help you reduce a very harsh sentence and or argue for a better one.  It is time to act now and contact an attorney who can help you find relief. 

No, he spilled the beans. 

And, this is more common that one may think.  

So, what should you do if you if someone accuses you of molestation or if you believe you are being investigated for molestation?  It is important you take immediate action.  Specifically, hire Kristine Koo, an experienced criminal defense attorney who works on sex crimes/sexual assault, to help you fight the allegations, accusations, and/or charges.  Here are a couple tips if you are being accused of molestation: 

1. Contact legal counsel immediately.  Why?  Because if a child is accusing you of molestation – it is highly likely that the child or parent has gotten the police involved.  And if the police get involved, they likely will call you or do a covert call (i.e. – have a recorded call to your phone by someone other than the police) to get your statements.  Remember – everything you say can and will be used against you – and sometimes that statement you made to the police is the statement the district attorney relies upon when filing their charges against you.   
2. Limit what you say.  Do not make any statements that could incriminate you.  This may sound redundant – but this is key as a lot of sex crimes are corroborated by the accused’s own statements.  A statement such as “I did nothing wrong,” or “I never touched anybody inappropriately” could be construed as an admission of guilt.  Saying “I’m sorry,” just to say, “I’m sorry” is also never a good idea.  So, it is best to limit your interaction with the accusing person and contact your attorney immediately. 
3. Do not interact with the accuser.  The accuser may be hot and cold and you do not want to do anything to upset this person as they may complain more to the district attorney when questioned by them.  Don’t try to fix the relationship or appease them as this could backfire.  Their may be a restraining order as well preventing you from interacting with the accuser and violating that can get you into more trouble.  

Back to the story as narrated above, the statements the defendant made to law enforcement were used directly against him in a jury trial.  His statements, in fact, were recorded and played to the jury.  His statement was over 45 minutes long.  The defendant tried to backtrack what he said by taking the witness stand and testifying.  But, despite his testimony, the jury convicted the defendant.   

The point of this story is that it is very important to invoke your rights to an attorney, and silence, to prevent what happened to this defendant from happening to you.  Yes, there are motions one can file to suppress one’s statement if the custodial interrogation was unconstitutional.  But, relying on this, as opposed to simply invoking your rights at the onset, is simply not the better option.  And, there may be no constitutional violation – but of course, an experienced criminal defense attorney in sex crimes will verify this.  

Time is of the essence when you are being investigated or charged with molestation charges.  Contacting an attorney immediately can help you with your case.