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Failure to Register as a Sex Offender Under California Penal Code 290

If a person is convicted of certain sex offenses, he is required under California law to register as a sex offender and to reregister (1) each time he changes his place of residence, and (2) each year within five working days of his birthday.

A registered sex offender in California who fails to perform these duties can be charged with felony failure to register under Penal Code 290. The penalty or punishment for failing to register as a sex offender in California is up to 3 years in state prison.

If you or a loved one has been arrested for or charged with a failing to register offense, contact a California criminal defense lawyer to discuss the case and what defenses may be available.

Below is a modified version of the California Judicial Council's jury instruction describing what the prosecution would have to prove in order to convict someone of failing to register:

Law on Failure to Register as a Sex Offender in California:

The defendant is charged with failing to register as a sex offender.

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant was previously convicted of a sex offense that required him to register as a sex offender in California;

2. The defendant resided in a California city or unincorporated area;

3. The defendant actually knew he had a duty to register as a sex offender under Penal Code section 290 within five working days of his birthday and wherever he resided;

AND

4. The defendant willfully failed to register as a sex offender within five working days of coming into or changing his residence within that city or county;

OR

4. The defendant willfully failed to perform his annual update of his registration as a sex offender with the relevant authorities within five working days of his birthday.

Someone commits an act willfully when he or she does it willingly or on purpose.

Other Violations of Section 290

This instruction applies to violations under Penal Code section 290(a)(1)(A) and (a)(1)(D). Section 290 imposes numerous other duties on persons convicted of sex offenses. For example, a registered sex offender must:

1. Notify the agency where he or she was last registered of any new address or location, whether inside or outside California, or any name change. (See Pen. Code, § 290(f)(1) & (3); People v. Smith (2004) 32 Cal.4th 792, 800- 802 [11 Cal.Rptr.3d 290] [sufficient notice if defendant mails change of address form even if agency does not receive it]; People v. Annin (2004) 116 Cal.App.4th 725, 737-740 [10 Cal.Rptr.3d 712] [discussing meaning of "changed" residence]; People v. Davis (2002) 102 Cal.App.4th 377, 385 [125 Cal.Rptr.2d 519] [must instruct on requirement of actual knowledge of duty to notify law enforcement moving out of jurisdiction]; see also People v. Franklin (1999) 20 Cal.4th 249, 255-256 [84 Cal.Rptr.2d 241, 975 P.2d 30] [construing former Pen. Code, § 290(f), which did not specifically require registration when registrant moved outside California].)

2. Register multiple residences wherever he or she regularly resides. (See Pen. Code, § 290(a)(1)(B); People v. Edgar (2002) 104 Cal.App.4th 210, 219-222 [127 Cal.Rptr.2d 662] [court failed to instruct that jury must find that defendant actually knew of duty to register multiple residences]; People v. Vigil (2001) 94 Cal.App.4th 485, 501 [114 Cal.Rptr.2d 331].)

3. Update his or her registration at least once every 30 days if he or she is "a transient." (See Pen. Code, § 290(a)(1)(C).)

A sexually violent predator who is released from custody must verify his or her address at least once every 90 days and verify any place of employment. (See Pen. Code, § 290(a)(1)(E).) Other special requirements govern:

1. Residents of other states who must register in their home state but are working or attending school in California. (See Pen. Code, § 290(a)(1)(G).)

2. Sex offenders enrolled at, employed by, or carrying on a vocation at any university, college, community college, or other institution of higher learning. (See Pen. Code, § 290.01.)

In addition, proving false information on the registration form is a violation of section 290(g)(2). (See also People v. Chan (2005) 128 Cal.App.4th 408 [26 Cal.Rptr.3d 878].)

Forgetting to Register as a Sex Offender

If a person actually knows of his or her duty to register, "just forgetting" is not a defense. (People v. Barker (2004) 34 Cal.4th 345, 356-357 [18 Cal.Rptr.3d 260].) In reaching this conclusion, the court stated, "[w]e do not here express an opinion as to whether forgetfulness resulting from, for example, an acute psychological condition, or a chronic deficit of memory or intelligence, might negate the willfulness required for a section 290 violation." (Id. at p. 358.)