Being ordered to register as an offender in California can significantly and permanently affect your life. Megan’s Law publishes public records of individuals convicted of certain registerable sex crimes. In the past, people who were convicted of a sex offense were required to register as sex offenders for life. However, from 2021, tier 1 and tier 2 sex offenders are no longer required to register as sex offenders for life. Consult a skilled criminal defense attorney if you have been ordered to register as a sex offender.

Understanding Senate Bill 384

The former California Governor Jerry Brown signed Senate Bill 384 on October 6, 2017. This statute was enacted on January 1, 2021, implementing a three-tier registration system. Senate Bill 384 differentiates sex crimes by the seriousness of the offense. The California Department of Justice started determining the tier status of registrants on January 1, 2021.

Tier 1 and Tier 2 registrants may petition as of January 1, 2021. However, you are only allowed if you meet the mandatory minimum requirements. You must also petition the superior court in your county of residence.

Tier placement is determined by the criteria stated under Penal Code 290. However, most registration requirements change on a case-by-case basis based on the criteria outlined by the law. The number of crimes and the severity of the offense are crucial for determining which tier best suits which conviction.

Tier One Sex Registration

Under the new registration scheme, tier one covers the lowest risk level offenders. Crimes under this tier are often non-violent, misdemeanor-level crimes. Some felony crimes also fall under tier one, but only if the crime is not deemed a serious or violent felony under the law. The following are the crimes that fall under tier one:

  • Misdemeanor sexual battery under Penal Code 243.4. Under PC 243.4, you can face sexual battery charges if you touch the private parts of someone else against their will. This crime is commonly known as sexual assault. It is often charged as a misdemeanor if aggravating factors are absent.
  • Enticing a minor into a house of prostitution under Penal Code 266
  • Inducing sex by fraud under Penal Code 266(c)
  • Misdemeanor oral copulation under Penal Code 288(a)
  • Misdemeanor organizing a meeting with a minor for lewd purposes under Penal Code 288.4
  • Misdemeanor child pornography possession, Penal Code 311.11
  • Misdemeanor indecent exposure, Penal Code 314
  • First offense of molesting or annoying a child under Penal Code 647.6

Tier one sex offenders are required to register for a minimum of ten years.

Tier Two Sex Registration

Tier two covers serious crimes that fall short of the more severe category outlined under tier three. Offenses under tier two are either violent or serious felonies, including:

  • Rape of a victim who is at least 18, but incapable of consent because of disability or a mental disorder under Penal Code 261
  • Incest under Penal Code 285
  • Sodomy with a minor under 14 is outlined under Penal Code 286
  • Lewd acts with a minor under 14 under Penal Code 288
  • Contacting a minor to commit a felony under Penal Code 288.3
  • Penetration with a foreign object when the victim is incapable of giving consent because of a mental disability
  • Annoying or molesting a child is a second or subsequent crime under Penal Code 647.6

Defendants under tier two are required to register as sex offenders for a minimum of 20 years.

Tier Three Registration

The most severe sex crimes are covered under tier three. Offenders under this tier are subject to lifetime registration. Unfortunately, there is no mechanism to petition for removal from the registry under this tier. Threats, violence, or underage victims characterize the crimes under this tier. Some non-violent crimes are also covered under tier three, including:

  • Murder committed in the attempted commission of rape under Penal Code 187
  • Kidnapping during the commission of rape under Penal Code 207
  • Assault with intent to commit a felony under Penal Code 220
  • Sex trafficking of children under Penal Code 236.1
  • Most forms of rape under Penal Code 261
  • Spousal rape by use of force under Penal Code 262
  • Pimping and pandering with a minor under Penal Code 266h and 266i
  • Transporting a minor under 16 for lewd purposes under Penal Code 266j
  • Taking a minor away for prostitution under Penal Code 267
  • Lewd acts with a minor under 14 years by force under Penal Code 288(b)(1)
  • Lewd acts with a minor causing bodily harm, Penal Code 288(i)
  • Sending harmful material to seduce a minor under Penal Code 288.2
  • Continuous sexual assault of a child under Penal Code 288.5
  • Sexual assault on a minor under 10 years under Penal Code 288.7
  • Felony child pornography under Penal Code 311.11

Tier three also covers the following:

  • Sex offenders whose Static-99 scores put them well above average for being a danger to the community
  • Sex offenders are considered to be habitual sex offenders under Penal Code 667.71
  • Sex offenders sentenced to life imprisonment

On the other hand, the registration period for minors is often half that of adults. For example, the registration period for tier one minor offenders is five years. The registration period for tier two minor offenders is ten years.

Other Criteria Used To Place Sex Offenders In Tiers

Under SB 384, additional factors (§ 290.004) the court considers include:

  • The offender’s risk level according to the State-Authorized Risk Assessment Tool for Sex Offenders, abbreviated as SARATSO
  • The offender’s current risk of a violent offense or a sexual offense (risk of recidivism)
  • Whether the defendant was arrested for a sexually motivated crime or has a prior conviction
  • The defendant’s criminal or relevant non-criminal behavior, both before and after the crime
  • Whether the victim was unknown to the defendant at the time of the crime, or was known for less than 24 hours during the offense
  • The number and age of the victims
  • The nature of the crime

The court can still order the defendant to register as a sex offender even if he/she was convicted of a crime not outlined under SB 384. This can happen if the offender committed the crime for the purposes of sexual gratification or out of sexual compulsion. You will be considered a tier one offender if the judge orders you to register for an unlisted offense. However, you could face a higher tier if the judge makes specific findings that it is necessary for you to register in the higher tier for public safety.

Removal petition

You have a right under SB 384 to petition the court to have your registration terminated if you are a tier one or tier two offender. However, you can only do this if you have finished the minimum mandatory registration period. You will be removed from the registry if your petition goes through. This will include the removal of personal information from publicly available databases like the “Megan’s Law website.” Sex offenders will be required to re-register every year if the court rejects the petition for removal.

Importantly, Clean Slate Laws (AB 1076, SB 731) do not affect sex offender registration obligations. SB 731 and AB 1076 only offer automatic relief for non-violent, non-serious, and non-sex-related criminal records.

Petitioning For Early Removal

You have a right under California law to petition the court to have you removed from the registry after ten years if you are a tier two offender. However, this can only happen under the following circumstances:

  • If you have not faced subsequent convictions
  • You were not convicted of a violent or serious felony
  • You were below 21 years when you committed the offense
  • There was only one victim aged 14 to 17 years.

You can also secure early removal if you are a tier one or two offender. The law allows you to make this petition if the sole reason for your tier is a heightened risk assessment.

Some of the entities to which you can file your removal petition include:

  • The prosecuting agency or the county district attorney’s office
  • The registering police agency
  • Relevant juvenile or superior court

The law enforcement should present their recommendations to the District Attorney within 60 days. The District Attorney can request a hearing to challenge the petition within 60 days. He/she can fight your petition if discontinuing your registration will hurt public safety.

You can file the petition on or after your first birthday after the expiration of your minimum registration period. Your petition must have the evidence of the current registration. If the court denies your removal petition, you will be notified when you can reapply for removal from the registry. You can reapply within one year or within five years of rejection.

You can petition the court to have yourself removed from the registry if you were under 18 years old when you committed the sex crime. The law also allows you to do this if your minimum registration period has expired. You can file your petition with the juvenile court in the county in which you are registered.

Failing To Register

Sex offenders are required to register with the local police every year. You are also required to re-register every time you change residences. You can face felony charges if you fail to register as a sex offender and your sex crime was a felony. This crime can attract the following penalties:

  • Formal probation
  • A fine that does not exceed $10,000, and
  • A jail term of 16 months, two years, or three years in a state prison

On the other hand, you can face misdemeanor charges if you fail to register as a sex offender and your sex crime was a misdemeanor. This crime can attract the following penalties:

  • Summary or misdemeanor probation
  • A fine that does not exceed $1000, and
  • A jail term that does not exceed one year in a county jail

You can also face a prolonged minimum registration period if you fail to register as a sex offender. Your registration period will be increased by:

  • One year for every misdemeanor conviction if you fail to register as a sex offender
  • Three years for every felony charge

Out–Of–State Registration Issues

Not all registerable sex offenses in California are registerable in other states. You could still be forced to resume registering in California even if you no longer register as a sex offender in another state. The burden of registering can be relieved if you move to another state that does not require you to do so. An out-of-state conviction will attract a tier two obligation if you migrate to California. Tier three will apply if the following is true:

  • You were subsequently charged in a different hearing for a significantly similar crime to the one that attracted registration requirements or for a crime that is similar to the offenses committed under PC 269, PC 288.7, or PC 667.5
  • You have been enrolled in a mental health facility as a sexually violent predator.
  • Your static risk assessment in SARATSO is above average at the time of release.

Certificate Of Rehabilitation And Removal From Sex Offender Registry

You can apply for a California certificate of rehabilitation to help you clear your sex offender status. A certificate of rehabilitation relieves you from the burden of registering under Penal Code 290 Sex Offender Registration Law. You can apply for the certificate of rehabilitation seven to ten years after your release from jail, probation, or parole. However, you are required to comply with the following conditions:

  • Provide the evidence that you have stayed in California for at least five years before filing the petition.
  • You are not serving probation for committing any other felony
  • You have not been sentenced since your charges were dropped
  • Your charges were expunged

You cannot secure a certificate of rehabilitation if you were convicted of a felony or a serious offense.

A Governor’s Pardon

One of the best ways to get relieved from the sex registry is through a Governor’s pardon. The governor has a mandate to relieve you of your obligation to register as a sex offender if you fall under tier one or two. You can apply directly for a Governor’s pardon if you do not qualify for a certificate of rehabilitation. However, you can only secure a Governor’s pardon if you remain crime-free for at least ten years after being released from parole, probation, or jail. You risk missing out on the Governor’s pardon if you fail to register as a sex offender. The Governor will pardon you if you successfully meet all the requirements and avoid committing another offense.

Association For The Treatment Of Sexual Abusers

This is an international and multi-disciplinary organization mandated to fight sexual abuse. It engages in the following:

  • Promotes informed public policy
  • Promotes effective evidence-based practice
  • Promotes sound research

ATSA also promotes collaborative community strategies, which lead to effective evaluation, treatment, and management of people who have been sexually abused or are at risk of abuse. The members of ATSA include:

  • Court officials
  • The law enforcement
  • Advocates of victims’ rights
  • Educators
  • Researchers
  • Treatment providers, and
  • Representatives of many other stakeholder groups

Advocacy, collaboration, community safety, and professional excellence are the core values that guide ATSA.

Sex Addicts Anonymous (SAA)

Sex Addicts Anonymous is a fellowship whose main aim is to help recovering addicts by giving hope to individuals who suffer from sex addiction. This fellowship was started after establishing that most people have no control over sexual thoughts and behaviors. Preoccupation with sex was progressively causing life-changing repercussions to sexual addicts, their families, and friends. Most sexual addicts changed after attending SAA meetings and hearing the stories of the former addicts who were transformed.

How An Attorney Can Help If You Are Required To Register As A Sex Offender

If you are required to register as a sex offender, an experienced attorney can help you in the following ways:

  • Helping you understand the sex offender registration requirements
  • Guide you through the registration process and ensure that you comply with the requirements
  • Ensure that your legal rights are protected throughout the process
  • Help you address failure to register charges
  • Help you seek removal from the sex offenders registry
  • Challenge the sex offender registration requirements
  • Help you build a case or defense for removal

Find A Reliable Criminal Attorney Near Me

If you are convicted of a sex offense, you can still face additional charges even after serving time in jail or a state prison. California has a three-tier registration system, categorizing offenders depending on the seriousness of the crime committed. Appearing on the sex offender registry is not only shameful but can also affect many areas of your life. If you face charges or are convicted of a sex offense, you should contact an aggressive criminal defense attorney. An attorney can help you present a defense against the requirement to register as a sex offender. An attorney can also negotiate for a shorter sex offender registration period.

If you or your loved one faces sex offender registration requirements, contact the Los Angeles Criminal Attorney. Call us at 424-333-0943 to speak to one of our attorneys.