Failure to Register as a Sex Offender in CA

Knowledgeable Sex Crime Defense Attorneys

Under California law, if you are convicted of a sex crime, you are required to register as a sex offender. If you fail to properly do so, you can be charged with a crime for failing to register. Failure to register as a sex offender is taken very seriously in the eyes of the law, as it is intended to protect children and individuals in the area which you are trying to live or work. At Second Chances Law Group, our Acadia sex crime attorneys have successfully represented thousands of cases, including those involving similar serious situations.

To prove that you are guilty of this crime, the prosecution must show that:

• You were previously convicted of or found to have committed an offense that requires registration as a sex offender
• You resided in either a city in California, in an unincorporated area or a city with no police department in a county in California, or on the campus or in the facilities of a university or college in California
• You actually knew you had a duty under Penal Code section 290 to register as a sex offender and to do so within five days of either a move or your birthday
• You willfully failed to register as a sex offender with the proper authority within five working days of coming into or changing your residence within your city/county/campus
• You willfully failed to annually update your registration as a sex offender with the proper authorities within five working days of your birthday

Penalties for Failure to Register Offenses

The type of penalty you will face for failing to register will depend on your underlying conviction that required registration in the first place, and whether it was a misdemeanor or felony. If you are required to register because of a misdemeanor conviction and you have never been convicted for failing to register before, then you can be charged with a misdemeanor for which you will face up to a year in county jail and/or a fine of up to $1,000.

However, if you are required to register because of a felony conviction or if you have a prior conviction for failure to register, then you will be charged with a felony. If charged with a felony, you will face from 16 months to 3 years in a state prison and/or a fine of up to $10,000. In addition, it should be noted that a failure to register charge can count as a third strike under California’s Three Strikes Law in certain circumstances.