Changes to the Sex Offender Registration Laws in California
As of January 1st, 2021, the State of California made changes to the sex offender registration laws, originally established in 2017 by SB 384 under Governor Jerry Brown. The bill establishes a new three-tiered registration system for sex offenders that does not require individuals to register for a lifetime when convicted of certain sexual offenses. If you or someone you know if facing sex-related charges in the State of California, it is critically important to seek the immediate support of an attorney who is exceptionally versed in these types of criminal cases. With decades of combined legal experience, the attorneys at Milligan, Beswick, Levine & Knox, LLP can provide you the representation you deserve.
With offices conveniently located throughout Southern California, Milligan, Beswick, Levine & Knox, LLP is positioned to provide their clients with exceptional personal service. Milligan, Beswick, Levine & Knox, LLP has an unparalleled commitment to provide aggressive representation to clients facing serious criminal charges, including sex-related offenses. If you would like to schedule a free consultation with the proficient legal team at Milligan, Beswick, Levine & Knox, LLP, call (909) 894-0812 or complete the online contact form here.
California Senate Bill 384
In 2017, Governor Jerry Brown signed into law SB 384 that implemented a three-tiered registration system for sex offenders in the state. The law is set to differentiate sex-related offenses based on the severity of the crime.
As of January 1st of this year, the State Department of Justice began determining the tier status of sex offence registrants. As of July of this year, those registered under Tier 1 or Tier 2 and have met their minimum requirements can petition to the courts to remove their name off the sex offender registry.
Based on the state’s P.C. 290, the law requires those convicted of certain sex-related crimes to register as sex offenders. A convicted sexual offender has to register with his or her local law enforcement agency every year within five (5) days of his or her birthday and within five (5) days upon moving residence.
Three-Tier Sex Offender Registration System
California’s P.C. 290 establishes the criteria for the tier placement of offenders. Most registration requirements are subject to court evaluation by a judge and on a case-by-case basis. The number of offenses and the severity of the crime are important factors considered to determine what tier will best suit the defendant’s conviction.
Under Tier 1, offenders are required to remain registered as sex offenders for 10 years. If the offender is a minor, registration will be required for 5 years. As of July of this year, when the minimum 10-year registration has been served, the defendant can petition the superior court of his or her county of residence to remove his or her name from the registry.
Ties 1 comprises every misdemeanor offense and certain non-violent felony offenses. These crimes include offenses such as:
- Misdemeanor child pornography (P.C. 311.11)
- Indecent exposure (P.C. 314)
- Misdemeanor sexual battery (P.C. 243.4)
- Misdemeanor oral copulation (P.C. 288a)
In Tier 2, sex offenders have to register for 20 years. If the offender is under the legal age, he or she must register for 10 years. As of July of this year, once the minimum registration has been served, a petition for removal can be submitted.
A Tier 2 registration encompasses felonies excluded from Tiers 1 and 3. These mid-level felonies include crimes such as:
- Incest (P.C. 285)
- Annoying a minor for sexual purposes (P.C. 647.6)
- Acts of penetration with a foreign object (P.C. 285)
Under this Tier, offenders must register for the rest of their lives. When convicted of a crime categorized as Tier 3, defendants cannot petition for a removal from the registry.
Crimes categorized as Tier 3 offences are more serious and they include crimes such as:
- The pimping and pandering of a child (P.C. 266h)
- Felony possession of pornography of a child (P.C. 311.11)
- Many other types of cases of rape (P.C. 261)
Schedule a Free Consultation with a Skilled Criminal Defense Attorney
Registration for a sex crime in the State of California can have far reaching implications. For many years, California was only one of the few states that required those convicted of a sex crime to register for a lifetime. As of 2021, however, a new tier system was set to allow certain sex-crime offenders to petition to the courts for removal from the registry.
The criminal defense attorneys at Milligan, Beswick, Levine & Knox, LLP are exceptionally versed in representing clients facing sex-related charges. After being charged with a crime, you have a right to protect your freedom. To learn more about how the law firm can advocate on your behalf, consider dialing (909) 894-0812 or complete the online contact form here.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.