Criminal convictions carry serious penalties, but few crimes come with consequences as severe as sex offenses. Not only will you need to contend with fines and jail or prison time, but many convicted sex offenders find themselves struggling to cope with the collateral consequences, including the requirement that they register as sex offenders. California classifies sex offenders into three different tiers, which determine how many years they will be required to register their status.
However, it is important to know that not all sex crimes will require registration. When you are unsure whether you are going to be expected to register on the California sex offender registry, do not hesitate to contact a dedicated Los Angeles sex crimes lawyer. Here is more about some of the most common crimes that put you on the sex offender list and how you may be able to get your name removed from the registry.
How California’s Sex Offender Registry Works
There are many types of sex crimes that could put you on the California sex offender registry. As of 2021, under Senate Bill 384, the state classifies sex crimes into different tiers. The three tiers determine how long the convict will be expected to register as a sex offender as follows:
- Tier three sex offenders must register for the rest of their lives.
- Tier two sex offenders must register for a minimum of 20 years.
- Tier one sex offenders must register for a minimum of 10 years.
According to Megan’s Law, you generally have up to five business days from the date you are released from prison to register your sex offender status with the local police department or sheriff’s office. You will need to update your status annually or if you change residences. Failure to register as a sex offender as required by law could result in additional criminal penalties as described under California Penal Code § 290.018.
Tier Three Sex Offenses
Tier three is the most serious level for sex offenders. These offenses carry harsh criminal penalties and require convicts to register on the sex offender registry for the rest of their lives. Some examples of tier-three sex crimes include:
- Aggravated Sexual Assault on a Minor
- Aiding a Rape
- Arranging to Meet a Minor for Lewd Purposes
- Assault with Intent to Commit a Felony
- Contacting a Minor to Commit a Felony
- Continuous Sexual Assault of a Child
- Kidnapping During the Commission of a Sex Crime
- Lewd Acts with a Minor
- Lewd and Lascivious Conduct
- Murder Committed During a Sex Act
- Oral Copulation by Force
- Pimping and Pandering a Minor
- Rape
- Sending Harmful Material to a Minor
- Sexual Penetration with an Object
- Sex Acts with a Child Younger Than 10
- Sex Trafficking
- Sexual Battery
- Sodomy
- Soliciting Someone to Commit a Sex Crime
- Spousal Rape
- Taking a Minor for Prostitution
- Transporting a Minor for Lewd Purposes
Tier Two Sex Offenses
Tier two sex offenses are not as serious as tier three sex offenses. With tier two sex offender designations, convicts are required to register their status for at least 20 years from the day of their release. Some of the most common types of sex crimes that require designation at tier two include:
- Annoying a Child for a Second or Subsequent Time
- Contacting a Minor to Commit a Felony
- Incest
- Lewd Acts with a Minor
- Non-Consensual Oral Copulation When the Victim Cannot Give Consent
- Penetration with a Foreign Object When the Victim Cannot Give Consent
- Rape
- Sodomy with a Minor or When the Victim Cannot Give Consent
Tier One Sex Offenses
Tier one is the least serious designation for sex offenders. However, if you receive this status, you will be expected to register as a sex offender for at least 10 years from the date you are released. There are multiple sex crimes that can be classified as tier-one sex offenses, including:
- Annoying a Child
- Enticing a Child into Prostitution
- Child Pornography
- Indecent Exposure
- Meeting a Minor with Lewd Purposes
- Non-Consensual Oral Copulation
- Penetration with a Foreign Object
- Sexual Battery
- Sex by Fraud
- Sodomy
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How to Get Removed from the Registry
Your sex offender tier designation will determine how long you need to register as a sex offender. However, once you have met the requirements, you may be able to get your information removed from the sex offender registry. Remember that this does not happen on its own.
You may need to wait as few as 10 years from the date you were released to seek removal. For example, if you were designated a tier two sex offender, you would need to wait at least 20 years from the date you completed the terms of your sex offense conviction to be eligible for removal. If you are a tier three sex offender and are required to register as a sex offender for the rest of your life, you are not eligible to have your name removed from the sex offender registry.
If you meet the eligibility requirements, your Los Angeles violent crimes lawyer with Simmrin Law Group may be able to help you file a petition to get your name removed. However, the district attorney where you are registered can request an eligibility hearing and present evidence against your removal from the sex offender registry if they object to your request. If the judge grants your petition, you will no longer be required to comply with California sex offender registry requirements as described under California Penal Code § 290.5.
Consult a Reputable Los Angeles Sex Crimes Lawyer for Help Protecting Your Future
The sex crimes included above are not the only offenses that would necessitate your inclusion on the sex offender registry. There are many other sex offenses that include registration requirements. Do not risk a potential violation and additional criminal charges by failing to understand your responsibilities once you have been released from custody.
Get help protecting your future. Turn to a knowledgeable Los Angeles criminal defense lawyer from Simmrin Law Group to get the answers and legal advice you need when you need it most. To start working on your defense strategy, simply call our office or submit our quick contact form and schedule your confidential consultation as soon as today.
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