What crimes trigger sex registration under Penal Code 290
Sex offender status associates with almost all sex crimes. Here is a list of crimes that trigger sex registration:
Kidnapping with intent to commit a sex offense or rape
Assault with intent to commit a sex offense
Rape with an unconscious person
Aiding or abetting rape
Entice a minor into a brothel for purpose of prostitution
Inducing consent to sex though fraud or fear
Pimping or pandering involving a minor under 16 years old
Abduction of a minor for prostitution
Aggravated sexual assault of a minor
Contributing to delinquency of a minor involving lewd and lascivious conduct
Sodomy with a minor
Oral Copulation with a minor
Lewd act on a minor
Sending harmful/obscene matter to a minor with the intent to sexually arouse or have sex with
Contacting minor to have sex with said minor
Continual sexual abuse of a child
Sexual intercourse, sodomy sexual penetration, or oral copulation with a child 10 years or younger
Sale or possession of child pornography
Sexual exploitation of a child
Advertising obscene matters involving a minor
Annoying or molesting children
Murder if committed with the intent or attempted perpetration of rape
How do you terminate sex offender registration?
To start the process of terminating your obligation to register as a sex offender, you first must file a petition. The petition must be filed in the county where you are registering. Your registration period must also be expiring.
If you are in Tier 1, you can ask to terminate your registration at 10 years.
If you are in Tier 2, you can ask to terminate your registration at 20 years.
You must serve the petition for termination on the registering law enforcement agency and the district attorney where the petition is filed.
If no hearing is requested, and the decision to grant the petition is conducted in the court’s chambers, the court must grant the petition if all of the following requirements are met:
-The current registration was included in the petition,
-The minimum period of registration was met,
-The petitioner has no pending criminal charges that would extend the period of registration, and
-The petitioner is not on parole, probation, or supervised release
If there is a hearing, the district attorney (DA) may try to contest the petition to terminate by presenting evidence on why the court should deny the petition. Factors the DA may bring up are the number of victims, the age of the victims, whether the victim(s) was related or a stranger, whether there was any relevant noncriminal behavior before and after the registrable offense, whether the petitioner has re-offended, and the underlying facts of the offense may be brought up.
If the petition for termination is denied, the court must set a time for which the petitioner may reapply for termination – usually within 1 to 5 years. The court must also put on the record its reason for denial.
What if my sex registration time period is not up yet. Can I ask for early termination?
Short answer is – Yes – you can. It depends on what specific sex crime you were convicted of. And, the court must determine whether community safety would be significantly enhanced by requiring continued registration and may consider whether the victim was a stranger, the nature of the registrable offense and whether the offender has completed treatment.
If you have been convicted of a sex crime, have been ordered to register as a sex offender, and would like to know more about how to terminate your registration requirement – call an attorney today to get more information.
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