The punishment for being convicted for a sexually related offense extends beyond fines, jail/prison time and victim restitution. As a part of your punishment for performing illegal sex acts you must register as a sex offender every year (within five days of your birthday) and every time you move to a new residency for the entirety of your life. If you fail to register as sex offender you will be convicted of failure to register as sex offender Penal Code 290.
In order to be convicted of CA failure to register as sex offender Penal Code 290 PC, the prosecutor must prove that you:
If the prosecution cannot prove these four elements of the crime then you will not be convicted of failure to register as a sex offender.
The first element of the crime states that you must have a prior conviction of a California sex crime:
If you fail to register as a sex offender and your initial sex crime was a misdemeanor then you will face up to one year in county jail.
If you fail to register as a sex offender and your initial sex crime was a felony then you face up to three years in state prison. You will also face up to three years in a state prison if this is your second time failing to register.
It’s important to note that every time you fail to register you will be charged. Meaning if you forget to register within five days of your birthday and after moving to a new residence you will be faced with two separate CA Penal Code 290 violations.
As previously stated, in order for the prosecution to prove that you failed to register as a sex offender he/she must prove the four elements of the case:
If the prosecution cannot prove these four elements of the crime then you will not be convicted of CA Penal Code 290.
The second element of the crime is that you reside in California. The law does not state however that you need to register as a sex offender in California if you live outside of the state and drive into the state everyday for work. On the other hand, if you leave California for any amount of time and move back to the state then you absolutely have to register.
The third element of the crime is that you knew you had to register as a sex offender. This can be relatively hard for the prosecution to prove because if you did not know you had to register then you’re not guilty. For most crimes in California ignorance is not a valid defense, but for CA Penal Code 290 it is a valid defense. If the prosecution cannot definitively prove that you were aware of your need to register as a sex offender then you will not be convicted.
The final element of the crime is that you willfully failed to register. Willfully in the eyes of California lawmakers means deliberately or on purpose. The prosecution must prove that you deliberately opted not to register.
There are several defense strategies that your criminal defense attorney can explore in an attempt to prove your innocence of failing to register as a sex offender. The first technique is to prove that you did not know that you had to register at all. This defense technique can be relatively difficult for the defense to prove if you signed papers acknowledging your duty to register. However, if you have a learning disability, language barrier, or other obstacle that would inhibit you from understanding your duty then this might be a viable defense.
This defense becomes increasingly difficult to prove if you previously registered and then decided to stop. Absent mindedness is not a valid California defense for failing to register as a sex offender.
Another defense strategy is to prove that you mailed in the appropriate paperwork to register but it was never received by the police agency. Under these circumstances your attorney can prove that you did not willfully refuse to register but something happened that was out of your control.
You should not be penalized if paperwork was lost in the mail.
Each failure to register as a sex offender case is different and requires its own strategies. If you, or a loved one is facing a California failure to register as sex offender PC 290 conviction then it’s imperative that you talk to a skilled and efficient criminal defense attorney who will have your case dropped.
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