California

Senate Bill 384: How You Can End Your Sex Offender Status

May 27, 2021 by Mikel Rastegar in California  
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SB 384- Stop The Registration & Get off Megan’s List!

Effective January 1, 2021, a new three-tier sexual registration has been implemented in California. This means what used to be a lifetime sexual registration requirement may be a matter of 10 or 20 years instead. Offenses are broken down into 3 tiers. Here are the rough breakdowns:

  • Tier One Sexual Registration- 10 Year Registration: These are typically sex offenses for Misdemeanors that previously had lifetime registration under the previous law, (see crimes below)
  • Tier Two Sexual Registration- 20 Year Registration- These are typically non-violent felonies involving sexual offenses
  • Tier Three Sexual Registration- Life Time Registration- These are the most serious sex offenses and are typically felonies involving threats, violence or especially the young age of the victim

Why did California Change its Law on Sexual Registration?

As far back as the 1940’s, California was one of a few states that required anyone convicted of a registerable sex crime to register for their lifetime under PC 290. Each of the 105,000 offenders on the list had to register every year on their birthdays and every time they moved. If they were homeless, they had to register once per month. The time and effort required to keep track of all the offenders was bulky, inefficient and disproportional to the risk that many low-level offenders posed to the community. For instance, the tier-one offenders alone, which are all misdemeanors have 65,000 offenders. The Tier-2 offenders have 24,000 offenders. Some of these offenders date back to the 1940s-1980s.

How do I get off the sexual registration registry?

Getting removed from the sex registry is not automatic. The person requesting to get off the list must file a petition with the Judge making the case that he is eligible and should be removed from the list. Once received, law enforcement must provide a report to the prosecuting agency within 60 days concerning their recommendation on the petition.
The prosecuting agency in turn has 60 days after receiving law enforcement’s report to request a hearing at which to object to the petition in cases where they believe public safety will be significantly enhanced by continued registration.

If the court denies the petition, it must set a period in which the petitioner may re-apply for termination from the registry. This time must be at least one year after the failed petition, but no more than five years after that time.

What are examples of some offenses that fit into the Tiers?

  • Examples of tier one offenses include:
    • Penal Code 243.4 – misdemeanor sexual battery,
    • Penal Code 288a – misdemeanor oral copulation,
    • Penal Code 311.11 – misdemeanor possession of child pornography,
    • Penal Code 314– misdemeanor indecent exposure,
    • Penal Code 288.4– misdemeanor arranging a meeting with minor for lewd purposes,
    • Penal Code 647.6– first offense of annoying or molesting a child.

Tier two is addressed to more serious offenses that fall short of the most serious category reserved for tier three offenses. In general, these are offenses which are considered either serious or violent felonies, but not the most serious sex offenses described below in the tier three designation.

  • Examples of tier two offenses include:
    • Penal Code 261 – rape with victim at least 18 incapable of consent due to mental disorder or disability,
    • Penal Code 288 – lewd acts with minor under 14,
    • Penal Code 286 – sodomy with a minor under 14,
    • Penal Code 289 – penetration with a foreign object when the victim is incapable of giving consent due to a mental disability,
    • Penal Code 288.3– contacting a minor to commit a felony,
    • Penal Code 647.6– annoying or molesting a child second or subsequent offense
  • Examples of tier three offenses include:
    • Penal Code 187 – murder committed in the attempted commission of rape,
    • Penal Code 207 PC and 209– kidnapping during commission of rape,
    • Penal Code 266h PC and 266i– pimping and pandering with a minor,
    • Penal Code 220– assault with intent to commit a felony,
    • Penal Code 261– most forms of rape,
    • Penal Code 262– spousal rape by use of force,
    • Penal Code 288– lewd acts with minor under 14 by force,
    • Penal Code 288.5– continuous sexual assault of a child,
    • Penal Code 288.7– sexual assault on a child under 10,
    • Penal Code 311.11– felony child pornography.

Will The Criteria Change for the Megan’s Law website?

Yes. Pursuant to Penal Code section 290.46(d) as amended under SB 384, only registrants who meet these requirements will be eligible to apply for exclusion on or after January 1, 2022.

Confused and Need You Status Cleared? Just Call Us

Consider the above as a guide on how to get your status cleared.

It’s highly preferable that you call a lawyer for legal device. Contact Esfandi Law Group for a free consultation, and get started!

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