Failure to Register as a Sex Offender: CAPC 290

Failure to Register as a Sex Offender (California Penal Code 290 PC) In California after serving your sentence for a sex crime, it is required by law that you register with the local police as a sex offender. This registration has to be renewed every year.

It is understandable why you would not want to register as a sex offender. Being a registered sex offender can give you difficulties in finding a home, job, and can even invite abuse from the people around you. It is also possible that you didn’t know you had to register every year and you didn’t purposely failed to register, this can be used as a defense in your case.

If you are charged with failure to register as a sex offender you can be facing some strict penalties. Base upon the original sex crime you were convicted for, you could face up to three years in prison. In order for the prosecution to convict you of this charges, they must first prove that you have been convicted of a sex crime in the past, you knew you had to register as sex offender and that you purposely failed to register.

Here at the Law Offices of David Chelsey we understand the difficulties that can come from being a registered sex offender, and the trouble a failure to register as a sex offender charge can bring. Having an attorney to properly represent you in court can make a huge difference in your case.

California Penal Code 290 PC

(a) Sections 290 to 290.024, inclusive, shall be known and may be cited as the Sex Offender Registration Act. All references to “the Act” in those sections are to the Sex Offender Registration Act.

(b) Every person described in subdivision (c), for the rest of his or her life while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall be required to register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall be required to register thereafter in accordance with the Act.

(c) The following persons shall be required to register: Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) and (c) of Section 236.1, Section 243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the above-mentioned offenses; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the above-mentioned offenses.

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