Who has to register as a sex offender?

Here we discuss three situations in which you would be required to register as a sex offender in California:

SITUATION 1: You must register as a sex offender if you have ever been convicted of any crime listed in California Penal Code section 290(c). Cal. Penal Code section 290(c) includes a wide range of felony and misdemeanor offenses including forcible sex crimes against adults, most sex crimes involving children, prostitution and child pornography-related crimes, kidnap or assault for the purpose of committing a sex crime, soliciting another person to commit a sex offense, and attempt or conspiracy to commit any of the included crimes.[472]

SITUATION 2: You can also be required to register based on convictions for crimes that are not listed in § 290(c) if you committed the crime “as a result of sexual compulsion or for purposes of sexual gratification.” [473] This determination is made by the judge when you are convicted or sentenced for the crime.[474]

SITUATION 3: Even if you were not convicted of a qualifying sex crime, you will be required to register if you meet any of the following criteria:

    You were adjudicated (found guilty) as a ward in juvenile court for certain sex offenses and committed to the CDCR Division of Juvenile Justice (DJJ) (formerly the California Youth Authority or CYA) or the equivalent agency in another state;[475]
    You have been found not guilty by reason of insanity of any offense listed in Cal. Penal Code § 290(c);[476]
    You have ever been found to be a Mentally Disordered Sex Offender (MDSO) or Sexually Violent Predator (SVP);[477]
    You have been convicted in another state or in a federal or military court of an offense that has the same elements as one of the offenses listed in Cal. Penal Code
§ 290(c).[478] Also, if you are required to register as a sex offender in another state, you are almost certainly required to register with California law enforcement when you are in California.[479]
  1. 472

    Cal. Penal Code §§ 290, 290.003.

  2. 473

    Cal. Penal Code §§ 290.006.

  3. 474

    Sectencing judges may make discretionary findings and orders requiring defendants to register as sex offenders without violating the constitutional Sixth Amendment right to a jury trial. People v. Mosley (2015) 60 Cal.4th 1044.

  4. 475

    Cal. Penal Code § 290.008. The list of juvenile offenses for which registration is required is shorter than that which applies to adults or juveniles tried as adults. Compare Cal. Penal Code § 290.008(c) with § 290(c) and § 290.006. See also In re Derrick B. (2006) 39 Cal.4th 535, 539- 540 (court does not have authority to require juvenile to register for offense not listed in registration statute applicable to juveniles, even if offense was committed for sexual gratification). Also, registration is not required if the juvenile was discharged from the CYA for the sex offense before January 1, 1986. Cal. Penal Code § 290.008(a).

  5. 476

    Cal. Penal Code § 290.004.

  6. 477

    Cal. Penal Code § 290.001, 290.004. Note: A person is designated as a SVP (sexually violent predator) through a civil commitment proceeding. Even though the SVP determination process is civil and not criminal, it still triggers a registration requirement under Cal. Penal Code § 290 et seq. See Cal. Wel. & Inst. Code § 6600. On the other hand, the MDSO designation allowed for people on state parole to be committed to state mental health institutions or outpatient programs. The MDSO law was repealed in 1982, but individuals who were in state hospitals and community programs at the date it was repealed are still subject to its provisions and are required to register under Section 290.) See former Cal. Wel. & Inst. Code §§ 6300-6330 (repealed in 1982).

  7. 478

    Cal. Penal Code § 290.005.

  8. 479

    Cal. Penal Code § 290.002, 290.005(c).