You know how serious it is if you’ve been accused of a sex crime, especially if you work around
children. Teachers, daycare workers, school bus drivers, and others can be terminated immediately, even before trial. There are restrictions on where you can live and what you can do. Convicted sex offenders are required to be on California’s Sex Offender Registry. This includes the national sex offender registry under Megan’s Law. Potential employers, landlords, law enforcement, and the public have access to this information. Sex crime convictions from other states are also included.
The term “sex offender” is used for a wide range of offenses. It can include anything from indecent exposure and unwanted touching to a violent sexual assault.
Prior to 2021, all sex offenders were registered for life. But under a new law, California’s “three-tiered” system means that not everyone has a lifetime on the registry.
In this article, we’ll discuss the updates to California’s sex offenders registry, the new three-tier system for registration, and who might be eligible for removal.
Experienced San Diego Sex Crimes Attorney
Sevens Legal has years of experience successfully defending people accused of sex crimes in the San Diego area. Attorney Samantha Greene is a California-certified criminal law specialist who offers the best representation and most vigorous defense in court for misdemeanor and felony charges. Samantha has many years of experience defending against sex crime charges and has in-depth knowledge of the San Diego criminal court system.
We understand the difficulties that come with sex crime accusations. That’s why we offer a free consultation so you’ll know exactly what we can do to defend you against false allegations with an aggressive defense.
Who Must Register as a Sex Offender in California
California Penal Code 290 requires that anyone convicted of a sex crime under the code must register with local law enforcement. Occasionally, a judge may require registration for crimes that aren’t under PC290 if they believe someone is a danger to others. The registry applies to anyone who lives, works, or attends school in the state.
A convicted sex offender must register with their local law enforcement within five days of release from prison or sentencing if there is no jail time. They must also re-register every five years, and anytime they change their name or move to a new address within five days of the move.
College students must also register with the campus police. Someone who becomes homeless must register every 30 days. Anyone considered a “sexually violent predator” must register every 90 days. A person who fails to register with law enforcement or update their address can also be charged with a crime.
Registered sex offenders also have restrictions they must follow, such as:
- Not living within a specific distance of a school or where children are, such as a park or playground
- For an offender considered “high risk,” GPS monitoring is included
- Some crimes may lead to an extension of parole or probation
Much will depend on the facts of your case. Your defense attorney can explain this in more detail.
California Sex Offender Registration Laws
After a sex offender is released from prison, other activities may be restricted. They are required to stay connected with the state wherever they go. Once registered, the US Department of Justice (DOJ) also receives this information.
California requires sex offender registration to know where they are living and working. The California Sex Offender Registry is a free online tool that offers the public and law enforcement access to information about sex offenders who might be in their area. On the federal level, the US Department of Justice has its own National Sex Offender Public Website.
The sex offender’s ZIP code is displayed, along with the city and county where they live. An actual home address is not listed. There is one category of sex offenders that are not publicly displayed under Megan’s Law but still requires registration.
Sex offenders who have committed these crimes are eligible to be excluded from the website under Penal Code § 290.46, subdivision (e).
- Felony sexual battery
- Felony child pornography with a child under sixteen
- Misdemeanor annoying or molesting children
Offenders who have completed probation for some sex crimes involving their own child, stepchild, grandchild, or sibling under certain conditions can also apply for exclusion if the activity did not include or involve either oral copulation or penetration of the victim. After January 1, 2012, the exclusion can only be granted if the offender has a moderate to low-risk assessment, but they still must register with law enforcement.
What Is the Risk Assessment Score on Megan’s Law?
Megan’s Law requires the state of California to notify the public about known and registered sexual offenders. The law was enacted in 1996 after a known sexual predator raped and killed seven-year-old Megan Kanka after moving into the family’s neighborhood, unknown to her parents. Following the crime, the Kankas worked for public notification of known sex offenders living in local areas.
California wants to know how likely a person is to commit another sex crime. Risk assessment is part of gauging how likely it is that an offender will do the same thing again if released. This same assessment method determines risks when setting car and life insurance rates. The state began using actuary risk assessment in 2006.
The state uses four risk instruments to determine someone’s risk score:
- Static99-R, for assessing male sex offenders prior to release from prison
- JSORRAT-II, used for juvenile sex offenders whose records are only available to law enforcement and treatment providers because of their age
- LS/CMI Risk Scores, used to predict a sex offender’s chances of another violent sex crime and during treatment during probation or parole for either male or female offenders
- STABLE-2007/ACUTE-2007, used with various risk factors related to the possibility of committing another sex offense, such as alcohol abuse, changes in housing or employment, or factors in a relationship. These two combined scores are determined by professionals providing treatments during parole or probation. They are used by those professionals for treatment as well as to determine conditions and terms for supervision after release.
Static99-R has six levels of risk, from extremely minimal risk to a high risk of committing another sex crime in the future, while LS/CMI Risk Scores have five levels.
What Is the New Law for Sex Offenders in California?
Before 2021, the California sex offender registry meant that anyone convicted of any sex crime was required to stay on the registry for life. Offenders of the most minor misdemeanors were registered alongside violent sexual predators. Some of these offenders go back as far as the 1940s and have never committed another sexual offense.
California recently updated this law to accommodate the distinct levels of severity in sex crime cases. As of January 1, 2021, Senate Bill 384 creates three tiers in the sex offender registration system that only requires some sex offenders to be registered for life.
California’s Three-Tier Sex Offender Registration System
Until recently, anyone convicted of a sex crime was in the sex offender registration system for life. That changed in 2021.
SB 384 created a three-tiered registration system that lets state officials evaluate petitions for removal from the registry. California implemented the new system in July 2021. The severity of their convictions ranks offenders. Tier 1 and Tier 2 offenders are eligible for removal after ten or twenty years if they have not committed any additional offenses.
Because this new system is complex, it’s essential to work with a defense attorney who understands the process. Sevens Legal can help.
Tier 1
This tier is for non-violent offenses such as:
- Indecent exposure
- Annoying a child
- Misdemeanor possession of child pornography
- Misdemeanor oral copulation
- Misdemeanor sexual battery
- Misdemeanor sodomy
- Other lewd conduct, such as unwanted touching
If convicted of one of these offenses, you’ll be on the registry for a ten-year minimum before you can request removal. Juveniles must remain on the registry for five years.
Tier 2
This tier is for mid-level sex offenses, such as:
- Incest
- Rape of an individual over eighteen and incapable of giving consent
- Lewdness or non-forced sodomy with a minor under the age of fourteen
- Penetration by a foreign object
- A second offense of annoying a child
For these offenses, a convicted offender must remain on the registry for a minimum of 20 years before filing a removal request.
Tier 3
This tier is for the most severe sex offenses, including:
- Rape, in most cases
- Sex trafficking of minors
- Sex crimes with children under the age of ten
- Lewdness with a minor by force or fear
- Repeated sex offenses
- Other serious sex crimes
Individuals convicted of a Tier 3 sex crime or with a high-risk assessment score must remain on the registry for life. If someone is considered Tier 3 based solely on their risk assessment and not a crime committed, they can petition for removal after 20 years.
Sevens Legal can help you with the petition to leave the sex offender registry. Call or text our office at (619) 430-2355 for a free consultation.
Can You Get Off the Sex Offender Registry in California?
Yes–some sex offenders can be removed from the registry, but not all. The three-tier system means some won’t be on the registry forever, but others will stay for life.
Once you’ve finished your time on the sex offender registry, you will still have to request to have your registry removed. Until then, you’re still required to register with law enforcement. SB384 lets you file a petition in either superior court or juvenile court in your county of residence to request removal from the registry after completing your registration period. The court will have 60 days to review, and it’s up to the court whether to grant your request.
After you’ve completed the required registry time, you can file your petition for removal. When ready, work with a skilled criminal defense attorney who understands the California justice system. Sevens Legal works to make the process easy and trouble-free.
A person who fails to register as required will have a year added to their requirements before they can request to be removed.
A California sex crimes attorney can help guide you through the process of removing your name from the registry.
What To Do If You Are Being Accused of a Sex Crime
We suggest speaking with an experienced criminal defense attorney. Sex crime convictions mean a minimum of ten years as a registered sex offender. It also means a criminal record you’ll have for years.
False accusations of sex crimes happen every day to innocent people. Don’t ignore the charges. You need to seek legal help from a San Diego criminal defense attorney immediately to understand the situation and know what to do to defend and protect yourself.
You do have the option of using a public defender for your criminal case. However, working with your own criminal defense attorney means that you have legal representation focused on you. You’re more than just a client. Sevens Legal takes the time to investigate your case and to deliver the defense. You need to have a fighting chance in court.
Free Sex Crimes Consultation in San Diego
Sevens Legal is ready to help with your defense. Our entire team is dedicated to protecting your rights and proving your innocence. Samantha Greene is a highly experienced criminal defense attorney. She leads Sevens Legal’s lawyers and investigative team in pursuing every legal recourse available to protect your rights and reputation after being accused of a sex crime.
How To Contact Our Sex Crimes Attorneys
If you need help, call our office at (619) 430-2355 or use our online contact form. We’ll schedule an appointment for you with one of our experienced criminal defense attorneys, who will work towards the best possible outcome in your case. Don’t wait until your court date is near. Sevens Legal can handle the case on your behalf, including a strong defense against the charges.
