According to California Penal Code Section 290 a person convicted of sex crimes and some certain other crimes is required to register as a sex offender with local authorities. Failure to register as a sex offender is considered a separate criminal offense which results in additional prison sentences.
The prosecutor must establish the following elements to prove that the defendant failed to register as a sex offender
Under Penal Code 290 PC the person declared a sex offender must register his identifying information with local law enforcement as long as he lives, works or attends school in the state of California. The registration must be register within the five days of his birthday and any time the person moves to a new residence.
Some of the most common sex crimes that lead to the lifelong requirement to register as a sex offender are the following:
The penalties for violating California PC Section 290(b) depend on the underlying offense which led the defendant to register as a sex offender. The defendant will face misdemeanor conviction in case he was required to register based on a conviction for a misdemeanor sex offense and had no prior convictions for failure to register as a sex offender.
The defendant will face felony conviction in case his prior sex offense conviction was a felony or he has one or more prior convictions for this offense.
Potential penalties for misdemeanor Penal Code 290 (b) conviction include
Potential penalties for felony penal code 290(b) conviction include the following
Moreover, each time a person failures to register under The Sex Offender Registration Act it is treated as a continuing violation and can result in additional time in state prison.
Failure to register, in case the underlying crime is a felony, is considered a Strike and if a defendant has a prior Strike, the potential sentence is thirty two months to six years in California state prison. In case the defendant has already two Strikes and fails to register he will get the third Strike with the potential sentence from 25 years to life in California state prison.
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