Avoid Conviction of Sex Offenses
This post discusses the differences between offenses requiring a person to list their information on Megan’s Law, non-posting required offenses, and those offenses requiring no registration at all. It also discusses ways to avoid being convicted of a sex offense altogether.
There are approximately 170 offenses requiring registration in California. To see the complete list of these offenses, visit the Megan’s Law website.
Offenses Not Requiring Posting
Not all of these 170 offenses require that information about the offender be posted on the public Megan’s Law website. People convicted of the following Penal Code sections may apply to be excluded from the Internet site:
- Felony 243.4(a) – Sexual Battery
- Misdemeanor 647.6 – Annoying or molesting a child age 16 or over
- Any offense which did not involve penetration or oral copulation, the victim of which was a child, stepchild, grandchild, or sibling of the offender, and for which the offender successfully completed or is completing probation.
To be excluded from the posting requirements, the person must file an application with the California Department of Justice.
Offenses Not Requiring Registration
Not all sex offenses are restigerable either. For instance, the following Penal Code offenses do not require mandatory registration:
- 647(a) – lewd conduct (flashing, groping, having sex in public)
- 261.5 – unlawful sexual intercourse with a minor over 16 years old;
- 266h and 266i – pimping and pandering
However, it’s important to note that a court during sentencing may order lifetime registration for these offenses as well. (See Penal Code § 290.006) That is why it is imperative that you have a skilled attorney representing you regardless of the particular charges you face.
Avoiding Sex Registration
Additionally, you may initially be charged with a registerable offense that – due to lack of evidence or for some other reason – cannot be proven beyond a reasonable doubt in court. Or you may be able to convince the prosecutor to accept a plea to an offense that does not require registration. An experienced attorney is needed to help you navigate through these processes.
I have had over 20 years experience defending people in California. If you need help, contact me.
~ Dan Koukol, Criminal Defense Attorney
Tags: attorney, criminal, defense, Felony, misdemeanor, Placer, prison, probation, sentencing, sex registration 290 prison jail