What Are The Three Basic Rules Sex Offenders Must Adhere to in California?
If you’re a convicted sex offender in California and have done jail time or not, you must comply with California’s legal requirements for registration for years or the rest of your life.
There are many rules and regulations that pertain to you if you are on the registry (California DOJ Information/sex offender registry/FAQs), such as being banned from partaking in some activities, holding specific jobs, and residing in some geographical regions.
In California, even being suspected or accused of a sex crime is exceptionally severe and should no longer be taken lightly. Even if the accusations are honestly false, it is in your best interests to contact a skilled, experienced San Diego sex crimes lawyer immediately. Being convicted of a sex crime, no matter how minor, can (and usually will) change your life completely.
Under California Penal Code 290, if you’re convicted of a sex crime, you must register on the California Megan’s Law Website. All your general information, including name, photo, and other contact and identifying information, will remain for years and must be disclosed to specific parties. How long your information will stay on the site depends on the specifics of your crime.
According to the rules of California’s three-tiered registration system, the time your information will be displayed is as follows:
- If you’re a Tier 1 sex offender, you must maintain your registration for at least ten years.
- If you’re a Tier 2 sex offender, the information must be on the site for at least 20 years.
- A Tier 3 sex offender must maintain their registration for their entire life.
As a sex offender, all your registration information must be updated with the local authorities every year or whenever you move to a new residence. If you are found to be a “sexually violent” offender, you must update your information every 90 days.
How Does California’s “Three Tiered” Registration System Operate?
California’s three-tiered registration system defines how long (and other stipulations) sex offenders’ names and identification must remain on the sex offenders registration list.
The strict California sex offender registration laws require you, if you’re convicted of a sex crime or sexually motivated crime, to register as a sex offender. Your local law enforcement agency usually does this registration.
As a sex offender, you must file as follows:
- You must file annually within five days of your birth date.
- Or within five days of changing address when moving.
In 2021, California replaced its lifetime sex registration regulation with a three-tiered registration system. This new registration system no longer requires lifetime registration for most offenses but is based on the severity of your crime.
Under most circumstances, the “tiers” work as follows:
- As a Tier 1 sex offender, you must register for at least ten (10) years. This affects you if you are convicted of the lowest level sex offenses, including misdemeanor sexual battery or indecent exposure.
- Tier 2 offenders must register as sex offenders for at least twenty (20) years. This tier is for people convicted of mid-level sex offenses, which include lewdness with a minor under 14 or non-forced sodomy with a child under 14 years old.
- Tier 3 makes it mandatory for you to register as a sex offender for life. This tier is reserved for the most severe sex offenses, such as rape, sex trafficking of children, sex crimes against children 10, and repeat offenders.
So, the tier you fall under, although reliant on the specifics of your crime, will determine how long you are on the sex offender’s registry list. This is an area, however, where your sex crimes lawyer’s advice and guidance may be invaluable in helping you register on the lowest tier possible and, therefore, having the most negligible impact on your life.
Always remember that if you are listed on the sex offender’s registry list, the general public, your friends, family, employers, and more will have access to this fact and your personal information.
All this information is readily available on the state’s Megan’s Law website. Regardless of how minor (or significant) your sex crime is, all the details are made available to anyone on this site.
As a registered sex offender, you will encounter prejudice and other adverse situations in many aspects of your life and future.
Registration on the list will usually significantly affect social interactions with friends, co-workers, neighbors, and possibly family. Once the registration is made public, obtaining employment and housing can be substantially more difficult. Sex offender registration may even make it difficult regarding custody of your children.
Also, if you don’t follow the court-mandated requirements or fail to register or re-register on time, you likely will face penalties or be back in prison.
So, suppose you are registered on the state’s sex offender registry; you must have the professional, knowledgeable, and aggressive help of a San Diego sex crimes lawyer to help mitigate the dire effects of this offense on your life.
When Can I Petition For Removal From the Sex Crimes Registration List?
Usually, after your designated time, designated by the tier you are in, elapses, your lawyer can petition the California court for your name to be removed from the list.
This system sounds straightforward but can be legally tricky at times. Even after your tier-designated time has passed, the District Attorney’s office may still object to removing your name from the sex offender registry.
State prosecutors have been known to urge the court to deny your petition by arguing that community safety will be “significantly enhanced” by your name remaining on the list.
Many times, state prosecutors, when making this argument, will rely on factors such as:
- The specifics and nature of your particular offense.
- The age and number of victims that were involved.
- If the victim was a stranger to you at the time of the crime.
- How long has it been that you have not reoffended?
- If you completed relevant sex offender treatment and more.
Getting your name off this list will significantly impact your life and your future, and the help of a qualified, skilled, and thorough San Diego sex crimes lawyer cannot be overestimated in this process.
I Have Been Charged With a Sex Crime in California; How Should I Proceed?
If you are accused, facing sex crime charges, or attempting to get off the sex offender registry, a professional, thorough, and aggressive San Diego sex crimes lawyer will work tirelessly to provide you with a vigorous defense.
Your skilled lawyer will look for every flaw in the prosecution’s case and work diligently to have your charges reduced or dismissed. Your lawyer can also assist significantly in getting your name off the state’s sex offenders registry and is well-versed in this task.
The sex crime lawyers at Kersey Law know how a conviction on a sex crime charge can change your life and will stand by your side to help you get through this horrific time in the best way possible.
Call (619) 432-3712 today and get a free consultation to determine the most vigorous legal means to defend your case. Don’t hesitate; these cases and being on the sex offender registry can change your life for decades.