The state of California requires individuals convicted of certain sex crimes to join the state sex offender registry. 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
Individuals who fail to follow this guideline can be prosecuted under California Penal Code Section 290: Failure to Register as a Sex Offender. Find out more about this law and the serious legal repercussions associated with a PC 290 violation from the Simmrin Law Group.
The Legal Definition of Failure to Register as a Sex Offender
Not all sex crime convictions require individuals to register as sex offenders. In fact, individuals do not have to join the sex offender registry if they are convicted of:
However, individuals that are required to register must take this law very seriously. Generally, individuals who must register as sex offenders must renew their registration:
- Every Five Years
- Every Time They Move
Individuals can be convicted of failure to register as a sex offender if they never register to begin with, or if they fail to properly renew their registration. An individual must reside in California and be aware that they need to register as a sex offender to be convicted under PC 290.
Examples of PC 290 Violations
The following examples demonstrate ways that people can fail to register as a sex offender in California:
Man A is convicted of sexual battery. He finishes his period of incarceration and decides not to register as a sex offender. He could be convicted under PC 290.
Man B was convicted of indecent exposure several years ago. He registered as a sex offender. Three years later, he moved and failed to update his registration. The court could convict him of failure to register as a sex offender.
Possible Repercussions for Failure to Register as a Sex Offender
Individuals who fail to register as a sex offender may be charged with a misdemeanor or a felony. These charges can carry the following penalties:
Misdemeanor Failure to Register as a Sex Offender
Individuals who are convicted of misdemeanor failure to register as a sex offender can face:
- Fines: Up to $1,000
- Jail Time: Up to 1 Year
Generally, individuals are charged with a misdemeanor if the sex crime they were initially convicted of was a misdemeanor.
Felony Failure to Register as a Sex Offender
Felony charges under PC 290 can lead to:
- Fines: Up to $10,000
- Prison Time: Up to 3 Years
The court system in Los Angeles will usually charge individuals with felony failure to register as a sex offender if their initial sex crime was a felony.
There Are Defenses for Failure to Register as a Sex Offender Accusations
Individuals do not simply have to accept charges under PC 290. In fact, there are several defenses that can be used by criminal defense lawyers in Los Angeles. A professional lawyer may be able to build a case by showing:
You Did Not Know You Needed to Register as a Sex Offender
Legally, individuals should not be convicted of failure to register as a sex offender if they did not know the requirement existed. Sometimes, individuals may be unaware that they need to register because:
- They Were Not Informed of this Requirement
- Registration Information was Sent to the Wrong Address
- They Have a Disability That Prevented Them from Understanding
A lawyer can look into your case to see if any of these situations apply to you.
You Actually Did Register as a Sex Offender
Sometimes, the court system fails to properly process sex offender registrations. If you have proof that you took steps to register as a sex offender, you may be able to beat a PC 290 charge.
You Were Prevented from Registering by a Situation Beyond Your Control
Some people try to register as a sex offender and simply cannot, due to an emergency. If you were prevented from completing your registration in time due to uncontrollable circumstances, you may be able to avoid a conviction.
Get Professional Help Handling Charges for Failure to Register as a Sex Offender
Individuals who reach out to professional criminal defense lawyers have better odds of better 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 (310) 997-4688 or complete our online contact form to reach us now.
We offer our clients a FREE initial case evaluation if they are accused of failure to register as a sex offender.