Understanding Sex Offender Registry
California adjusted its rules on the sex offender registry in early 2021. The state used Senate Bill 384 to make these changes. Currently, the state has a three-tier system. These tiers include:
- Tier one registration, or registration for at least 10 years
- Tier two registration, or registration for at least 20 years
- Tier three registration, or registration for the rest of their life
Individuals must register after they are convicted of certain sex crimes in court. Individuals must update their registry every year and each time they move. A sex crimes lawyer in Los Angeles can help you learn more about the sex offender registry.
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Crimes that Require Tier-One Sex Offender Registration
Different criminal charges require people to register as sex offenders at different “tiers.” Individuals must register at tier one (for at least 10 years) if they are convicted under:
- Sexual Battery
- Enticing a Child into Prostitution
- Sex by Fraud
- Sodomy
- Non-consensual Oral Copulation
- Meeting a Minor with Lewd Purposes
- Penetration with a Foreign Object
- Child Pornography
- Indecent Exposure
- Annoying a Child
These charges require you to register as a sex offender for at least 10 years if you are convicted.
Crimes That Require Tier-Two Sex Offender Registration
More serious offenses require individuals to register as tier two sex offenders. As we mentioned, you must remain on the sex offender registry for at least 20 years for these charges:
- Rape
- Incest
- Sodomy with a Minor or When the Victim Cannot Give Consent
- Non-consensual Oral Copulation When the Victim Cannot Give Consent
- Lewd Acts with a Minor
- Contacting a Minor to Commit a Felony
- Penetration with a Foreign Object When the Victim Cannot Give Consent
- Annoying a Child for a Second or Subsequent Time
As you can see, there is some overlap with charges for tier-one registration. However, these charges are usually more serious if they require tier-two registration here in California. Find out more by calling us.
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Crimes that Require Tier-Three Sex Offender Registration
The most serious sex crimes in California require individuals to register at the third tier for sex offenders. These charges include:
- Murder Committed During a Sex Act
- Kidnapping During the Commission of a Sex Crime
- Assault with Intent to Commit a Felony
- Sex Trafficking
- Sexual Battery
- Rape
- Spousal Rape
- Aiding a Rape
- Pimping and Pandering a Minor
- Transporting a Minor for Lewd Purposes
- Taking a Minor for Prostitution
- Aggravated Sexual Assault on a Minor
- Lewd and Lascivious Conduct
- Sodomy
- Oral Copulation by Force
- Lewd Acts with a Minor
- Sending Harmful Material to a Minor
- Contacting a Minor to Commit a Felony
- Arranged to Meet a Minor
- Continuous Sexual Assault of a Child
- Sex Acts with a Child Younger than 10
- Sexual Penetration with an Object
- Soliciting Someone to Commit a Sex Crime
Additionally, many offenses involving child pornography will lead to a lifetime registry as a sex offender. There may be other charges that lead to registration as a sex offender in the state of California. These are the most common examples of these charges.
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Getting Removed from the Registry
While it is true that a person could be removed from the sex offender registry depending on the offense they are convicted of, this removal will not happen on its own. If you do not take any specific action in your case, you will remain on the sex offender registry for the rest of your life.
The first step towards removal from the registry depends on the offense you were convicted for. Depending on the circumstances, there is a time limit you must wait before seeking removal. This period is either 10 years, 20 years, or lifetime registration. You can seek removal from the registry once the appropriate amount of time has elapsed since your conviction. Of course, those facing lifetime registration requirements cannot seek removal.
Once this requirement is met, a person on the registry must petition the court to be removed. Only until the petition is granted can that person stop complying with the registration requirements set out in state law.
Requirements for Sex Offender Registrants
If your criminal conviction requires you to register as a sex offender, you will face numerous requirements and limitations. First and foremost, you must maintain your registration status with the state. Specifically, you must re-register at certain intervals. These intervals include:
- Each year within five days of your birthday, and
- Within five days of changing your residence.
There are several steps you must take if you move. This is especially true if you relocate from one town to another. In addition to notifying state authorities regarding your registration, you must also notify local law enforcement any time you move within the boundaries of a new city.
There are also requirements if you are transient and lack permanent housing. In this situation, you are required to check in much more often than you otherwise would have. Under the law, transient persons must check in with local law enforcement in the area they are living in at least every 30 days.
Additionally, there are requirements for anyone working at or attending a university in California. It is necessary to notify the college or university at the time of enrollment or hiring. Additionally, you must also notify the campus police within five days of leaving the school.
Removal from the Megan’s Law Website
In addition to the sex offender registry, the state also operates a separate online database known as the Megan’s Law registration database. This database is operated by the California Department of Justice. Removal from this database is only possible for certain types of offenses.
What’s more, those that might otherwise qualify for removal could be denied following a finding that they are a “sexually violent predator.” Removal could be possible after an expungement or by obtaining a certificate of rehabilitation.
A Lawyer Can Help You Fight Back Against a Sex Crime Charge
Registering as a sex offender in California is more than an inconvenience. It is a serious matter that can permanently impact the quality of your life. These requirements could also result in additional criminal consequences if you fail to update your address or follow other guidelines set out by law.
Many sex crimes require sex offender registration in California. You can get help reviewing all these charges by contacting Simmrin Law Group. Our sex crimes lawyers in Los Angeles are ready to help you right now. Call us or fill out our online contact form. You can reach out to us to get a free consultation right now.
Call or text (310) 928-9347 or complete a Free Case Evaluation form