California law requires individuals convicted of certain sex crimes to join the state sex offender registry and keep their entry up to date. Individuals who fail to follow this guideline can face prosecution under California Penal Code Section 290: Failure to Register as a Sex Offender.
You can find out more about this law and the serious legal repercussions associated with a PC 290 violation with a Los Angeles failure to register as a sex offender defense lawyer. An attorney can provide information about the registration requirement and assist with these allegations.
The Legal Definition of PC 290
PC 290 requires individuals to join the sex offender registry after a conviction for certain sex offenses. Examples of charges that require an individual to register as a sex offender include:
- California Penal Code Section 261: Rape
- California Penal Code Section 243.4: Sexual Battery
- California Penal Code Section 314: Indecent Exposure
If convicted of any of these crimes in California, an offender must ensure the state knows where they are and how to contact them at all times. Inclusion on the registry is a penalty for these crimes.
Individuals may also have to register for sexual assault, forced oral copulation with a minor, and other crimes. Generally, individuals who must register as sex offenders must renew their registration every five years and every time they move.
Individuals may face charges for failure to register as a sex offender if they never register to begin with or if they fail to renew their registration correctly.
For a free legal consultation with a lawyer serving Los Angeles, call (310) 896-2723
What Happens if an Individual Violates PC 290?
Individuals who fail to register may face misdemeanor or felony charges. Because they differ widely in severity, the possible consequences are significantly different, as well. These charges can carry the following penalties if convicted:
Misdemeanor Failure to Register
Individuals convicted of misdemeanor charges under California Penal Code Section 290: Failure to Register as a Sex Offender can face fines of up to $1,000 and jail time of up to one year.
Generally, individuals face misdemeanor charges if the sex crime they initially committed was a misdemeanor. Misdemeanor charges are less severe offenses than felony charges. However, a misdemeanor conviction can still result in months of time in county jail.
Felony Failure to Register
Felony charges under California Penal Code Section 290: Failure to Register as a Sex Offender can result in fines of up to $10,000 and up to three years in prison. The court system will usually charge individuals with felony failure to register as a sex offender if their initial sex crime involved a felony conviction.
Because their initial crime was more serious, lawmakers believe it is more important that they are on the registry and that law enforcement always knows where they live.
California law takes entries on the sex offender registry seriously. If your previous conviction includes registering for this list, we encourage you to do so. Facing additional penalties, including jail time and fines for failing to update your entry or provide your address, is not worth it.
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There Are Defenses for PC 290 Allegations
Individuals do not have to accept charges under PC 290. In fact, criminal defense lawyers in Los Angeles use several defenses to help their clients fight these accusations and pursue a positive outcome. A professional lawyer with our firm may be able to build a case by showing:
You Did Not Know You Needed to Register
Legally, individuals should not face a conviction of failure to register as a sex offender if they did not know the requirement existed. Sometimes, individuals may not realize they need to register after their initial conviction for a sex offense because:
- Their attorney or the court did not inform them of this requirement
- Registration information went to the wrong address
- They have a disability that prevents them from understanding
A lawyer can look into your case to see if these situations apply to you. Our attorneys can consider your side of the story as a part of the defense strategy in your case.
You Did Register
Sometimes, the court system fails to properly process registrations. If you have proof that you took steps to register, you can beat a PC 290 charge. We can help you gather evidence and develop an argument based on this defense.
Because this does happen, it is a good idea to document your attempt to register or update your entry by screenshotting, recording dates and times, and taking other steps to create a backup record in case of an electronics issue.
A Situation Beyond Your Control Prevented You From Registering
Some people try to register but cannot due to an emergency or health concern. If uncontrollable circumstances prevent you from completing your registration in time, you may be able to avoid a conviction.
You will need documentation of what happened, when, and why it prevented your registration.
For example, imagine you were in a traffic accident shortly after your release from jail. You suffered a concussion that prevented you from working or using a computer for several weeks. The court may pardon you if you complete your registration immediately.
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How Long Does an Individual Have to Stay on the Registry?
California used to require lifetime registration as a sex offender. However, Senate Bill (SB) 384 changed these rules in 2021. Now, California uses a three-tiered system for sex offender registration, which requires a different registration length based on various criminal offenses.
This system includes:
Tier One
Individuals convicted of low-level sex offenses, like indecent exposure or misdemeanor sexual battery, qualify as Tier One offenders. Misdemeanor convictions often require individuals to stay on the registry for a minimum of 10 years.
Tier Two
A sexual offender must stay on the registry for at least 20 years if they qualify for Tier Two. Offenses like lewdness with a minor can require this form of registration. A criminal defense attorney can provide more information.
Tier Three
Individuals may maintain a lifetime registration for Tier Three offenses. Individuals convicted of sex crimes against children under the age of 10, rape, or repeat offenses may have to stay registered for the rest of their lives.
Anyone considered a violent predator by the court or subject to a felony conviction may face a lifetime registration requirement.
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Facing Sex Crime Charges Directly Can Avoid Registration Requirements
Hiring a Los Angeles sex crimes lawyer immediately after an arrest can help you avoid time in county jail, fines, and a requirement to register as a sexual offender. A lawyer can help with charges for lascivious conduct, rape, and other misdemeanor or felony offenses.
An attorney can take steps to get sex crime allegations made by law enforcement dropped by the court system, helping you stay out of county jail. Your attorney may also focus on getting sex crime charges reduced through a plea bargain.
The professionals recommend that you get fast help handling any of the above-mentioned offenses to protect your future.
Get Professional Help Handling Charges for Failure to Register as a Sex Offender
Individuals who reach out to a criminal defense lawyer for help have better odds of beating the charges under California Penal Code Section 290: Failure to Register as a Sex Offender. Get the help you need by contacting the Simmrin Law Group today.
Call or complete our online contact form to reach us now. We offer our clients a FREE initial case evaluation if they stand accused of failure to register as a sex offender.
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