What You Should Know About California’s New Sex Offender Registry Laws

Posted on: October 12th, 2022 by Dod Law

Sex offender registries in California and throughout the country have the rule that sex offenders must register for life. However, California recently changed its sex offender registry laws so that not every sex offender must register for life. The new laws create a three-tiered system with different requirements based on the specific sex crime for which someone is convicted.

If you have been convicted of or charged with a sex crime in California, you should consult with a criminal defense attorney as soon as possible. Being placed on the sex offender registry can impact your life in negative ways. An experienced lawyer can help you fight your charges and also help you determine when and if you could be taken off the sex offender registry in the future.

Tiers Under California’s New Sex Offender Registry Laws

California’s new sex offender registry laws separate sex crime convictions into three distinctive tiers. The court then assigns a tier after conviction, which states how long someone must remain registered. The court assigns the tier based on the type of sex crime and the risk assessment scores that measure how likely someone is to commit the same or a similar crime once they have been released from jail or prison.

Tier One

Tier one requires sex offenders to register for at least 10 years on the state’s sex offender registry. People convicted of low-level sex crimes, such as misdemeanor sexual battery or indecent exposure, typically register as tier one offenders.  Other crimes that typically fall under tier one include meeting a minor with the intent of lewd behavior, misdemeanor child pornography, and misdemeanor sodomy.

Tier Two

Under California law, tier two sex offenders must register as sex offenders for at least 20 years. Tier two is a catch-all for mid-level sex crimes. Repeat offenders of simple misdemeanors might also be listed as tier-two sex offenders. Some examples of sex crimes that fall under tier two include incest, rape of an adult who is unable to consent because of a physical or mental disability, and contacting a minor with the intent to commit a felony.

Tier Three

Tier three sex crimes include the most serious offenses. Those convicted of a tier three crime remain on the state’s sex offender registry for life. In rare cases, a court might allow an offender of a tier three crime to register in tier two if they have a low risk assessment. However, this is the exception, not the rule. Crimes that fall under tier three include most cases of rape, child sex trafficking, sex crimes against children under 10, and sending harmful material to seduce a minor.

Removal From the California Sex Offender Registry

Once you have spent the required amount of time on the California sex offender registry, your name is not removed automatically. You must petition the court to have your name removed from the sex offender database. Before a court will grant removal, a sex offender must meet the following criteria:

• Only those convicted of a tier one or tier two offense can petition for removal from the sex offender database.
• The sex offender must have completed the time required on the registry—10, 20, or 5 years for minors convicted of a sex crime.
• The sex offender must have complied with all registration requirements during the registration period, including reporting any moves to law enforcement and reporting to campus police that you are on the grounds of a state university or college.
• The sex offender must have not been convicted of another crime during their time on the registry.

Once you meet the above criteria, you can petition the court to request termination of the registration requirement. The court has 60 days to review your petition and decide whether to approve or deny your request. An experienced criminal defense lawyer can help you seek removal from the registry.

Get Help for California Sex Offender Registry Termination from San Diego Defense Lawyers at Dod Law, APC

If you have been charged or convicted of a sex crime, the type of crime determines which tier you need to register for. A skilled lawyer can help you fight your charges, especially if you feel you were assigned the wrong tier. A lawyer can also help you terminate your registration requirement if you have fulfilled all requirements and enough time has passed.

The experienced San Diego criminal defense attorneys at Dod Law, APC have the knowledge and resources to work to protect the rights of those charged and convicted of sex crimes and may be able to obtain better outcomes. Contact us online or at (619) 814-5110 to discuss your case and learn how we can help.