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Los Angeles Failure to Register Defense Lawyers

Failure to Register as a Sex Offender

California Penal Code section 290 governs the registration of sex offenders in California. The law states that anyone convicted of an offense that meets the requirements for registration must register within five days of entering a city or county, or when changing from one residence to another within the county. If an offender does not register, the court could impose additional penalties. If accused of failing to register as a sex offender in California, it's important to have an experienced attorney who is familiar with handling this type of case, as the consequences are significant.

Registration Requirements

The California Penal Code requires all persons convicted of one of several offenses since July 1, 1944 to register, regardless of whether the conviction took place in California or not. Those convicted in federal or military courts must also comply with this law if they plan to move to, or attend school in, California. Additionally, anyone who has ever been classified as a sexually violent predator must register.

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If you live in a different state, but spend a significant amount of time in California, you may have to register as a California sex offender. The California Penal Code requires those from out of state to register if they intend to spend more than 14 sequential days in California or a total of more than 30 days in the state throughout the year.

Registrable Sex Offenses

California refers to the following acts as "registrable offenses." This means anyone convicted of these crimes must register:

• Assault to commit rape;
• Assault to commit rape by force or fear;
• Sexual battery;
• Sexual battery involving a restrained person;
• Sexual battery on an institutionalized person;
• Rape of drugged victim;
• Rape of unconscious victim;
• Rape when the victim is incapable of giving consent;
• Rape due to fraudulent misrepresentation;
• Rape by force, threat, or fear;
• Enticing a minor female for prostitution;
• Pimping;
• Pandering;
• Abducting a minor for prostitution;
• Aggravated sexual assault;
• Incest;
• Sodomy with force or violence;
• Indecent exposure;
• Selling or sending pornographic materials that depict minors
• Sexual exploitation;
• Child molestation; and
• Use of a minor for producing obscene matter.

These are not the only offenses considered registrable, so it's important to have an experienced attorney explain your rights and responsibilities to you throughout your case.

Penalties for Failure to Register

According to California Penal Code section 290.018, the penalties for failing to register as a sex offender are based on the alleged crime committed. Someone who was convicted of a misdemeanor sex crime and later failed to register would be guilty of a misdemeanor punishable by no more than one year in a county jail. If the offense was prosecuted as a felony, failing to register is also a felony. This offense carries a possible penalty of 16 months, two years, or three years in state prison depending on the circumstances.

If someone was found not guilty by reason of insanity, he or she still has an obligation to register as a sex offender. The penalty for failure to register varies slightly, however. Instead of a felony with a state prison term, failing to register carries a possible penalty of one year in jail. However, this only applies for the first time the offender fails to register. If it happens a second or subsequent time, it is a felony punishable by 16 months, two years, or three years in prison.

Because failing to register as a sex offender has such serious consequences, it is important to have an attorney who has your best interests in mind. The California sex offender defense attorneys at Takakjian & Sitkoff, LLP have extensive experience handling these cases and can help you fight against failure to register charges. For a free consultation, contact us at (866) 790-5252 as soon as possible after your arrest.

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