If you’ve been convicted of a sex-related crime, you’re likely to face more than just a jail or prison sentence. In California, the Sex Offender Registration Act requires you to register as a “sex offender” with the city or county where you live for the rest of your life, in addition to your jail sentences and fines.
You must register as a sex offender every year for the rest of your life under PC 290, but what happens if you don’t? You could face significant consequences. Keep reading to learn more and then contact Simmons Wagner, LLP at (949) 439-5857 to request a free legal consultation.
Registration as a sex offender is sometimes mandatory and other times optional
Registration of sex offenders might be mandatory or optional. If you are convicted of one of the crimes specified in Penal Code 290(c), you must register as a sex offender. Rape, sexual battery, and sex offenses involving children are among the offences mentioned under PC 290(c).
If you committed a crime for the sake of sexual enjoyment, you may be eligible for discretionary registration under Penal Code 290.006. This means that if you committed a crime for the purpose of sexual enjoyment for yourself or the alleged victim, the court has the authority to order you to register as a sex offender.
You have five business days to register with the city or county if you are required or compelled to do so. You must register with your new city or county within five business days if you relocate. You must also register with the school if you live on a college campus.
Registration is a continuous process, not a one-time event. Penal Code 290.012 mandates you to re-register every year within five days of your birthday, in addition to the burden of initial registration and the humiliation of being labeled a “sex offender.”
You must re-register every 90 days if you have been convicted of being a “sexual predator” under Welfare & Institutions Code 6600. Every time you change your name, address, or occupation, you must register.
So, what happens if you don’t register in any of these situations?
You have five business days to register with the city or county if you are required or compelled to do so. You must register with your new city or county within five business days if you relocate. You must also register with the school if you live on a college campus.
You may face prosecution for a separate offense if you are required to register and do not register or re-register under any circumstances. The penalty for failing to register is determined by the facts of your case.
If the sex offense conviction that required registration was a misdemeanor, then failure to register is also a misdemeanor under California Penal Code 290.018. Failure to register is a misdemeanor punished by up to 364 days in county prison.
If the sex offense that required registration was a felony, then failure to register is a felony under 290.018 paragraph (b). Failure to register is a felony that carries a term of 16 months, two years, or three years in state prison.
These are substantial repercussions, which is why if you are suspected of failing to register, you should consult an expert criminal defense attorney right once. Contact Simmons Wagner, LLP at (949) 439-5857.