Failure to Register as a Sex Offender
Facing charges for failing to register as a Sex Offender? If you are in violation of California Penal Code Section 290 for failing to register, that is a misdemeanor. Don’t let the term “misdemeanor” fool you – that can mean up to ONE year in county jail! Criminal Law Attorney Vincent W. Davis has 26-years of experience in defending persons charged with serious crimes and the fallout such has Penal Code 290. Mr. Davis is a Southern California Criminal Defense attorney who will fight to get you the best possible outcome for your case.
Pursuant to the California Penal Code Section 290, if you have been charged with a sex cirme, you are required to register and re-register yearly within 5-days of your birthday as a sex offender for the rest of your life so long as you are residing, attending school, or working in California. If you move into the state or change address, registration must be updated to reflect your new address within five business days of such a move. If you are a living on a college campus, you must also register as a sex offender with the college or university. Some of the offenses that require you to register include, but are not limited to rape, sexual battery, and sex crimes against minors.
Anyone who fails to register as a sex offender after being mandated to by the court is guilty of violating California Penal Code 290.
In order to prosecute you for a Penal Code 290 violation, the state has the burden to prove you were guilty of:
- Actually being charged with sex crimes falling under the code
- That you are a resident of the state of California
- That you were obligated to register as a sex offender
- That you intentionally ignored this requirement
The penalties for failing to register as a sex offender depend on what type of sex crime you were convicted of, whether it was a misdemeanor or a felony.
Penalties if you failed to register and you were convicted of:
|Misdemeanor sex offense:||Up to 1-year in a county jail|
|Felony sex offense:||16 months to 3-years in the California State Prison|
Challenging The Penal Code 290 Requirement
The legal obligation to register as a sex offender lasts a lifetime. There are, however, ways to remove this lifetime requirement to register. A person who is required to register under the Sex Offender Registration Act may be relieved of his or her requirement to register as a sex offender by obtaining a Certificate of Rehabilitation. This is found in California Penal Code Section 290.5. The only other option, which is usually a “long shot” is obtaining a Governor’s pardon.
Contact a Southern California Sex Crimes Defense Lawyer Right Now!
If you have been charged with Penal Code 290 for failing to register as a sex offender and need immediate help to minimize the fallout, Vincent W. Davis is here to help. Don’t wait.