Penal Code section 290 defines who must register as a sex offender in the State of California after conviction of eligible offenses. These include not just serious allegations such as child molestation and rape, but also consensual circumstances such as unlawful intercourse with a person less than 18 years of age. Ordinary rules of evidence and the Statute of Limitations are materially different in many sex offense allegation cases, putting the defense at a disadvantage to defending these cases, and a knowledgeable attorney of this area of the law is essential to achieving the best results in these serious matters.
Punishments for sex offenses can range from misdemeanor consequences to up to Life in State Prison. Even if the offense is charged as a misdemeanor, life sex registration may nonetheless be required. The following crimes require lifetime sex registration if the defendant is convicted, under Penal Code section 290(c):
“Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) and (c) of Section 236.1, Section 243.4, paragraph (1), (2), (3), (4),or (6) of subdivision (a) of Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision(b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5,288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4,311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the above-mentioned offenses; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the above-mentioned offenses.”
Cal. Penal Code § 290(c).
Our knowledgeable attorneys at Honeychurch & Giambona have represented dozens of clients charged with sex registration-eligible offenses, and have achieved great results for our clients. We understand that these allegations can be easy for a complaining witness to make, but very hard to defend against in court, especially because the ordinary rules governing the Statute of Limitations and evidence are unfavorable to the defense in these cases. If you are charged with an offense that involves allegations of sexual misconduct, do not hesitate to call Honeychurch & Giambona today for a free consultation to see how our effective attorneys may be able to help you achieve the best outcome for your case.