California's Three-Tier Sex Offender Registration System
California Penal Code 290 PC requires defendants who are convicted of certain sex crimes to register as sex offenders. This means they are obligated to register with their local police station annually within five days of their birthday and also within five days of moving to a new location.
In January 2021, Senate Bill (SB) 384 replaced California's lifetime sex registration requirement. Now, there is a three-tier sex registration system that no longer requires lifetime registration for most sex offenses.
For example, Tier one requires registration as a sex offender for at least ten years and typically includes people convicted of the lowest level sex offenses, such as misdemeanor Penal Code 243.4 PC sexual battery.
Tier two requires registration as a sex offender for at least 20 years and is designated for defendants convicted of mid-level sex offenses, such as unforced sodomy with a minor, defined under Penal Code 286 PC.
Tier three requires lifetime registration as a sex offender and is reserved for defendants convicted of the most severe sex offenses, such as Penal Code 261 PC rape and sex trafficking of minors under 18.
Simply put, the Sex Offender Registration Act says that you are required to register as a sex offender if you are convicted of certain sex crimes in California. Before SB 384, a conviction for any sex crime required lifetime registration.
As noted above, Senate Bill 384 replaced the old registry by establishing a three-tiered sex offender registry system that categorizes offenders based on the severity of their crime. It also has provisions where lower-tier offenders can apply to have their information removed from the sex registry.
The reasoning behind this new law is that the sex registration requirement for some low-risk offenders should not be a lifetime sentence. Let's review further below.
What Is the Duty of a Sex Offender?
California divides its sex offenders into three categories (SB 384), including Tier One, Tier Two, and Tier Three, each with a different registration period as follows:
- Tier one must register as a sex offender for ten years.
- Tier two must register for 20 years.
- Tier three must register as sex offenders for life.
There is a list of sex crimes and their associated registration tiers. Sex offenders must submit their name, current address, physical description, criminal history, and other information to their local law enforcement.
During the time frame required by their tier, registered offenders must also renew their registration within five days of their birthday and within five days of moving to a new residence. Suppose the sex offender has no permanent residence. In that case, they must re-register every 30 days as a transient offender.
Notably, a judge can order you to register as a sex offender for any sex offense, even when it's not listed in the Sex Offender Registration Act if they believe your conduct was based on sexual compulsion or for sexual gratification.
Sexually violent predators in California must update their information every 90 days, which includes those who were diagnosed with a mental disorder, rendering them a threat to the community.
Students enrolled in or employed at any California college or university must also register their information with the campus police within five working days of enrollment or employment.
If you accept or apply for a paid or volunteer position where you would directly work with minor children, you must disclose your registered sex offender status at the time of your application or acceptance of the position. If your sex crime involved a minor under 16, you are prohibited from accepting employment or volunteering to work or supervise children.
Tier One Offender - Ten Years
Tier one sex offenders are considered low-risk and the least likely to re-offend later. Still, they must keep their registration current for at least ten years. Some of the low-level sex offenses include the following:
- Penal Code 243.4 PC - misdemeanor sexual battery or a felony if the victim is institutionalized for medical treatment, disabled, or medically incapacitated, and if the nonconsensual touching was for sexual arousal.
- Penal Code 287 PC - misdemeanor oral copulation with a minor.
- Penal Code 288.4 PC - misdemeanor arrange a meeting with a minor.
- Penal Code 289 PC - misdemeanor foreign object penetration.
- Penal Code 314 PC - indecent exposure.
- Penal Code 311.1 PC - misdemeanor child pornography.
- Penal Code 266 PC - enticing a child to prostitution.
- Penal Code 266c PC - unlawful sexual intercourse.
- Penal Code 286 PC - sodomy without force.
- Penal Code 647.6 PC - first offense child molestation.
Tier Two Offender - 20 Years
Tier two sex offenders are considered moderate-risk offenders and are required to keep their registration current for at least 20 years. Some of the common sex offenses include the following:
- Penal Code 285 PC - incest.
- Penal Code 261 PC - rape when the victim is unable to consent.
- Penal Code 286 PC - sodomy with a minor under the age of 14 or with someone unable to give consent.
- Penal Code 287 PC - oral copulation with a minor under 14 or with a victim who is unable to consent.
- Penal Code 288.3 PC - contact a minor to commit a felony.
- Penal Code 289 PC - foreign object when victim unable to consent.
- Penal Code 647.6 PC - second child molestation offense.
Tier Three Offender - Lifetime
Tier three is considered the highest risk category for the most severe sex crimes. Anyone convicted of a Tier three sex crime must maintain their registration for life. Some of the common crimes include the following:
- Penal Code 187 PC - murder during a rape.
- Penal Code 209 PC - kidnapping for the sexual act.
- Penal Code 220 PC - assault to commit a felony.
- Penal Code 236.1 PC - child sex trafficking.
- Penal Code 243.4 PC - sexual battery as a felony.
- Penal Code 261 PC - most rape convictions.
- Penal Code 264.1 PC - gang rape in concert.
- Penal Code 266j PC - transport minor for lewd purposes.
- Penal Code 266h/266i PC - pimping and pandering a minor.
- Penal Code 267 PC - abduct a minor for prostitution.
- Penal Code 269 PC - aggravated sexual assault of a child.
- Penal Code 286 PC - sodomy by force or in concert.
- Penal Code 287 PC - oral copulation by force or in concert.
- Penal Code 288 PC - lewd acts with a minor by force.
- Penal Code 288.2 PC - harmful matter to seduce a minor.
- Penal Code 288.3 PC - contact a minor to commit a felony.
- Penal Code 288.4 PC - felony arrange a meeting with a minor.
- Penal Code 288.5 PC - continuous sexual abuse of a child.
- Penal Code 288.7 PC - sex with a child under the age of ten.
- Penal Code 289 PC - foreign object by force or duress.
- Penal Code 290.4 PC - above average risk sex offender.
- Penal Code 311.1 PC - felony child pornography.
- Penal Code 653f PC - solicit someone to commit a sex crime.
- Penal Code 667.71 PC - habitual sex offender.
- Penal Code 667.61 PC - 25 years to life prison sentence.
Can You Get Removed from the Sex Offender Registry?
Under Senate Bill 384, both tier one and tier two offenders can petition the court to have their information removed from the Sex Offender Registry after their required registration period has passed (Penal Code 290.5 PC). It's not an automatic process; you must petition the court.
You can do so by filling out and submitting Form CR-415. If the petition is approved, your information will be removed from the registry, and you will no longer be required to keep your registration current. The court could deny the registrant's petition, and the district attorney can request a hearing to oppose the petition.
What is Megan's Law?
Megan's Law was passed in 1996 and required the Justice Department to establish a searchable Internet database where specific sex offender registrations were publicly available.
It was created to keep the public informed so they could protect themselves and their families from high-risk sex offenders. After the passage of SB 384, changes were made that now permit some offenders to request exclusion from the Megan's Law website.
Suppose you're a registered sex offender. In that case, you might be eligible for exclusion from the Megan's Law website if you meet the following criteria:
- Your sex crime did not include penetration or oral copulation.
- The victim was your sibling, child, stepchild, or grandchild.
- You completed probation for your crime.
If any of the following is true, you can also apply for exclusion from Megan's Law website:
- The conviction was for sexual battery by restraint (PC 243.4a).
- The conviction was for child molestation (PC 647.6).
- You obtained a Certificate of Rehabilitation.
- You obtained an expungement.
If you are deemed a "sexually violent predator," your petition will often be denied.
Any failure to register as a sex offender can violate your probation. If you were incarcerated for your sex crime, you are ineligible for relief from your registration obligation. If your sex crime was a felony, failing to register is also a felony and will extend your registration period by three years.
If it was a misdemeanor, failing to register is a misdemeanor, and your registration period will be extended by one year. It should be noted that failing to register carries a minimum of 90 days in jail. Contact our California criminal defense lawyers for more information. The Hedding Law Firm is based in Los Angeles, CA.
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