Los Angeles > Sex Crimes > Failure to Register as a Sex Offender

Los Angeles Failure to Register as a Sex Offender Attorney

Have you been convicted of a sex crime in California? Do you plan on living in the state after you complete your criminal sentence? If so, you’ll probably have to register with the California Sex Offender Registry. You can face serious criminal charges if you don’t comply with state sex offender registration laws.

This can result in additional fines, probation, or even imprisonment. The severity of the penalties depends on factors such as your original offense and whether you have previously failed to register.

It’s important to remember that the legal system recognizes that mistakes happen, and it’s not uncommon for convicted sex offenders to struggle with understanding and complying with complex sex offender registration requirements. If you find yourself in a situation where you have failed to register as required, it’s crucial to seek the guidance of a knowledgeable criminal defense attorney who can help you navigate the legal process and work toward the best possible outcome in your case.

At The Rodriguez Law Group, our attorneys have more than two decades of experience handling complex criminal matters. Your future is at stake. Our criminal defense lawyers can help.

Why You Need A Criminal Defense Attorney If You Failed To Register As A Sex Offender in LA

The state of California takes sex crimes extremely seriously. If you were convicted of a sex crime and live in California after your sentence, you are required to register with the California Sex Offender Registry. This registration must be renewed every five years or whenever you move. How long you’ll be a registered sex offender will depend on your crime.

Failure to register as a sex offender can have very severe consequences. A skilled attorney can help you negotiate with the prosecution and minimize the consequences of your failure to register. Our Los Angeles criminal defense lawyers have over 50 years of experience helping people facing all kinds of criminal matters. Contact our office today for a free case evaluation.

Penal Code 290 PC

Registering as a sex offender in California is a requirement imposed by Megan’s Law and California Penal Code 290 PC. It’s a crime to fail to register as a sex offender when you have a legal obligation to do so. You can be charged with failure to register as a sex offender if you:

• Have been convicted of a sex crime listed in 290 PC
• Live in California
• Knew you had a duty to register as a sex offender, and
• Willfully failed to comply with the law.

In other words, it’s a crime to not register as a sex offender if you know that you have a legal obligation to do so. This includes failing to update your registration every five years or whenever you move to a new address.

Crimes Requiring Sex Offender Registration

Many sex crimes require registration as a sex offender. These sex crimes are classified into one of three different tiers. The tiers correspond to (a) the severity of the crime and (b) the length of time an offender must register with the state.

Tier One Registration Requirement

If you’re convicted of a Tier One sex offense you will be required to register as a sex offender for a minimum of 10 years. Tier One sex offenses include:

• Indecent exposure
• Misdemeanor child pornography
• Misdemeanor oral copulation
• Misdemeanor sexual battery
• Annoying a child, and
• Misdemeanor arranging to meet with a minor for lewd purposes.

Tier Two Registration Requirement

If you’re convicted of a Tier Two sex offense you will be required to register as a sex offender for a minimum of 20 years. Tier Two sex offenses include:

• Incest
• Oral copulation
• Rape, when the victim is an adult but unable to provide consent because of a disability
• Lewd acts with a child under 14
• Acts of penetration with a foreign object, and
• Sex acts with someone unable to provide consent.

Tier Three Registration Requirement

If you’re convicted of a Tier Three sex offense you will be required to register as a sex offender for life. Tier Three sex offenses include:

• Murder committed during a forced sex act
• Kidnapping committed during a forced sex act
• Felony sexual battery
• Pimping and pandering of a minor
• Child pornography
• Rape
• Spousal rape by force
• Aggravated sexual assault of a child
• Sodomy by force, and
• Lewd acts with a child by force.

Your duty to register as a sex offender does not expire just because you have maintained your status on the registry for the minimum amount of time required by law. Once you’ve satisfied the minimum registration period you can file a petition to have your name removed from the registry.

Knowledge and Willful Failure

It’s only a crime to fail to register as sex offender if:

• You knew that you had a legal obligation to register with local or county police; AND
• You willfully failed to carry out that responsibility.

How do you know that you have a duty to register as a sex offender? There are many ways that you can be informed that you have a duty to register as a sex offender. You will be considered to have knowledge of this duty if:

• A prosecutor verbally informs you of the obligation before you plead guilty or no contest;
• A judge verbally informs you of the obligation during sentencing;
• You receive written notice from the Department of Corrections after release from a state detention facility.

What is considered willful failure to register as a sex offender? You act willfully when you do something on purpose.

What if I forget to register or renew my registration? Courts have held that it is still a violation of Penal Code 290 PC if you forget to register.

What are the Penalties for Failing to Register as a Sex Offender in Los Angeles?

Failing to register as a sex offender can be a misdemeanor or a felony. The charge you’ll face will depend on the crime that triggered the duty to register in the first place.

Misdemeanor Failure to Register as a Sex Offender

If you were convicted of a misdemeanor sex crime, you’ll be charged with a misdemeanor for failing to register with the state.

The penalties for a misdemeanor conviction for failure to register as a sex offender can include:

• 12 months in a Los Angeles County jail
• $1,000 in fines, and/or
• Summary probation.

You must have no prior convictions for failure to register.

Felony Failure to Register as a Sex Offender

You can be charged with a felony if:

• You were convicted of a felony sex crime, or
• You have a prior conviction for failure to register as a sex offender.

The penalties for a felony conviction for failure to register as a sex offender can include:

• 16 months, 2 years, or 3 years in a California state prison
• $10,000 in fines, and/or
• Formal probation.

Felony failure to register as a sex offender can count as a strike for the Three Strikes Law.

Defending Yourself If You’ve Been Arrested for Failure to Register as a Sex Offender

The state has the burden of proving that you are guilty of failure to register as a sex offender. Any defense you present will make the prosecution’s job much more difficult.

Defenses that may help when you are accused of failure to register include:

• You didn’t know that you had a duty to register
• You have a disability that prevents you from understanding your obligation
• Your actions were not willful
• A clerical error prevented your registration from going through
• The state has made a mistake, or
• You’ve been falsely accused.

Hiring an attorney will help to ensure that your defense is as strong as possible. Contact The Rodriguez Law Group to find out how our legal team can help with your defense. We understand the complicated nature of sex crime convictions in California and the legal consequences of failing to complete your sex offender registration.

Need Help? Contact a Los Angeles Sex Crimes Law Firm

Are you facing criminal charges for failure to register as a sex offender in California? Don’t wait any longer to seek the legal representation you need. The consequences of a conviction can be severe and long-lasting, impacting every aspect of your life. It’s crucial to act quickly and contact an experienced criminal defense attorney who can fight for your rights and protect your future.

At The Rodriguez Law Group, our skilled lawyers have more than two decades of experience handling complex sex crimes cases, including those involving failure to register. We understand the stress and uncertainty you may be feeling, and we’re here to help. Our team will work tirelessly to investigate your case, build a strong defense strategy, and advocate for the best possible outcome on your behalf.

Don’t let a mistake or misunderstanding derail your life. Take action now and schedule a free, confidential consultation with our Los Angeles sex crimes law firm. We’ll listen to your story, answer your questions, and provide the guidance you need to make informed decisions about your case. Call us today to learn more about how we can help you navigate this challenging time and safeguard your future. Call our law firm at (213) 995-6767 to schedule a free case assessment and learn more.