California Penal Code § 290 PC requires you to register as a sex offender with local authorities if you get convicted of certain crimes, primarily sex offenses. Registration must be renewed every five years and whenever you change your residence.
Failure to register as a sex offender in California is typically charged as a misdemeanor if the underlying sex crime was a misdemeanor, or as a felony if the underlying sex crime was a felony:
| Penalties for Violating 290 PC in California | |
| Misdemeanor failure to register |
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| Felony failure to register |
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Examples of 290 PC violations are:
- A former high school teacher who was convicted of statutory rape, for having sex with a teenage student, moves to a new city and decides not to register her new address with the authorities.
- A man who was convicted of rape after a date rape incident in college stops registering annually because he wants to put that chapter of his life behind him.
- A former gang member who was convicted of human trafficking decides not to register after a move so that his new neighbors will not mistakenly think he is a pedophile.
Below our California criminal defense attorneys discuss what you need to know about failing to register as a sex offender. Click on a topic to jump to that section.
- 1. Elements of 290 PC
- 2. Defenses
- 3. Penalties
- 4. Immigration Consequences
- 5. Expungements
- 6. Gun Rights
- 7. Related Crimes
- Additional Reading
1. Elements of 290 PC
You are classified as a sex offender if you get convicted of any sex crime listed in 290 PC. The purpose of registering as a sex offender is so police can more readily track your whereabouts.
For you to be convicted of failing to register as a sex offender under 290 PC, California prosecutors must prove beyond a reasonable doubt the following four elements of California Jury Instruction “CALCRIM” 1170:
- You were previously convicted of a California sex crime for which registration was required under Penal Code 290c PC,
- You resided in California,
- You knew you had a duty to register as a sex offender, and
- You willfully failed to register or update your registration with the sheriff’s office.1
These elements are discussed in detail below.
“Residence” Meaning
“Residence” means wherever you regularly reside. This includes a shelter or structure that can be located by a street address, including recreational and other vehicles.
Note you still have to register if you are a transient and therefore have no residence. You would just tell police your general whereabouts.2
“Knowledge” Meaning
To be convicted of failure to register as a sex offender, you must have actual knowledge of the duty to register as a sex offender.7 You are typically notified of this duty when you are released from jail or prison.3
Merely forgetting to register is not a defense.9 As one California court has stated:
“Although forgetfulness may temporarily or momentarily negate the immediate awareness that one must undertake a given action at a given time, it does not alter or affect the underlying knowledge that such action is required.”4
However, the court also stated that mental weakness might be a defense to a 290 PC charge.5 This may include if you are forgetful due to Alzheimer’s or senility.
“Willfulness” Meaning
You fail to register “willfully” when you do it willingly or on purpose. It is not necessary that you intended to break the law.6
“Register” Meaning
Once you are released from jail or prison, you have five business days to register your residence with local law enforcement. Furthermore, this registration has to be renewed:
- every year within five working days of your birthday, and
- every time you move to a new address, and
- every 30 days if you are a transient.
How long you must register depends on your tier level:
- tier three offenders have to register for life,
- tier two offenders must register for a minimum of 20 years, and
- tier one offenders must register for a minimum of 10 years.7
It is a California crime to violate the sex offender registration requirements.
2. Defenses
Here at Shouse Law Group, we have represented literally thousands of people charged with failing to register as a sex offender in California. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting 290 PC charges reduced or dismissed.
- There was no willful act. Perhaps you were in the hospital or temporarily incapacitated at the time you had to register. As long as your failure to register was not deliberate, criminal charges should not stand.
- The authorities lost your registration information. The government makes clerical errors all the time. As long as you did everything you were supposed to do, you should not be held liable for the police’s mistakes.
- You did not know you had to register. Perhaps the authorities failed to notify you of your duty to register, or perhaps there was a language barrier that prevented you from understanding your duties. As long as there is no record of you being informed of your duties, the D.A. may agree to drop the charge.
A violation of PC 290 can result in a fine and/or jail time.
3. Penalties
The penalties for failing to register as a sex offender in violation of California Penal Code 290 PC depend on whether the original sex offense you were convicted of was a misdemeanor or a felony.
Failure to register following a misdemeanor conviction is a misdemeanor. The possible penalties include:
- misdemeanor (or summary probation),
- imprisonment in the county jail for up to 1 year, and/or
- a maximum fine of $1,000.
If you were convicted of a felony sex crime, or if you have a prior conviction of violating 290 PC, then failure to register is a felony. The possible penalties include:
- felony (or formal) probation,
- imprisonment in state prison for 16 months, 2 years, or 3 years, and/or
- a maximum fine of $10,000.8
4. Immigration Consequences
A 290 PC conviction, on its own, will generally have no negative immigration consequences for non-citizens. However, the underlying sex crime likely is deportable.
If you are a non-citizen accused of any crime, it is vital you contact an attorney to try to get the charge dismissed or reduced to a non-deportable offense. Otherwise, you may be thrown out of the U.S. after your sentence ends.9
5. Expungements
As a basic rule, 1203.4 PC allows you to expunge your 290 PC conviction as long as you successfully complete probation or jail. Expunged criminal records do not need to be revealed to potential employers.10
Note, though, that an expungement of a 290 PC conviction does not relieve you of the obligation to continue registering as a sex offender.
One may lose access to gun ownership and/or possession if convicted as a felon in California.
6. Gun Rights
A felony conviction of failing to register as a sex offender in California will strip you of your gun rights for life. A misdemeanor conviction should not affect your gun rights; however, the underlying sex crime may have already stripped you of your gun rights.11
7. Related Crimes
Habitual Sex Offender
California Penal Code 667.71 PC criminalizes repeat sexual offenders. 667.71 PC applies to sex crimes like:
A habitual sexual offender is guilty of a felony. The crime is punishable by imprisonment in the state prison for 25 years to life. Probation is generally prohibited.12
Use of a Firearm in the Commission of a Sex Crime
California Penal Code 12022.3 PC creates a firearm sentencing enhancement for anyone who uses or possesses a gun during the commission of certain sex offenses. A “certain sex offense” includes (but is not limited to):
- rape,
- spousal rape, or
- sodomy.
The additional and consecutive sentence for violating 12022.3 PC is:
- 3, 4, or 10 years for using a gun or a deadly weapon or
- 1, 2, or 5 years for being armed with a firearm or a deadly weapon.13
Lewd Acts with a Minor Child
California Penal Code 288 PC makes it a crime to commit a “lewd act” with a minor child.27 This is:
- touching a child for sexual purposes or
- causing a child to touch themself or someone else for a sexual purpose.
The specific penalties for violating 288 PC will vary depending on:
- the age of the child,
- whether the lewd act was accomplished by force, violence, duress, or threats,
- whether there was a pattern of lewd acts, and
- in some cases, your age.14
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Setting Their Record Straight: Granting Wrongly Branded Individuals Relief from Sex Offender Registration – Columbia Journal of Law & Social Problems.
- Sex Offender Management Policies and Evidence-Based Recommendations for Registry Reform – Current Psychiatry Reports.
- The Good Left Undone: How to Stop Sex Offender Laws from Causing Unnecessary Harm at the Expense of Effectiveness – American Journal of Criminal Law.
- Sex Offender Registries: Fear without Function? – The Journal of Law and Economics.
- Still Time to Rethink the Misguided Approach of the Sex Offender Registration and Notification Act – Federal Sentencing Regulations.
Legal References:
- California Penal Code 290 PC.
(a) Sections 290 to 290.024, inclusive, shall be known, and may be cited, as the Sex Offender Registration Act. All references to “the Act” in those sections are to the Sex Offender Registration Act.
(b) Every person described in subdivision (c), for the period specified in subdivision (d) while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall register with the chief of police of the city in which the person is residing, or the sheriff of the county if the person is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if the person is residing upon the campus or in any of its facilities, within five working days of coming into, or changing the person’s residence within, any city, county, or city and county, or campus in which the person temporarily resides, and shall register thereafter in accordance with the Act, unless the duty to register is terminated pursuant to Section 290.5 or as otherwise provided by law.
(c) The following persons shall register:
(1) A person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape, or any act punishable under Section 286, 287, 288, or 289 or former Section 288a, Section 207 or 209 committed with intent to violate Section 261, 286, 287, 288, or 289 or former Section 288a, Section 220, except assault to commit mayhem, subdivision (b) or (c) of Section 236.1, Section 243.4, Section 261, paragraph (1) of subdivision (a) of former Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 287, 288, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, or former Section 288a, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the offenses described in this subdivision; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the offenses described in this subdivision.
(2) (A) A person who is 18 years of age or older, is convicted on or after January 1, 2025, of a violation of paragraph (2) of subdivision (l) of Section 647, and has a prior conviction for a violation of subparagraph (A) of paragraph (2) of subdivision (l) of Section 647 shall register if, at the time of the offense, the person was more than 10 years older than the solicited minor, as measured from the minor’s date of birth to the person’s date of birth, and the conviction is the only one requiring the person to register.
(B) This paragraph does not preclude the court from requiring a person to register pursuant to Section 290.006.
(3) Notwithstanding paragraph (1), a person convicted of a violation of subdivision (b) of Section 286, subdivision (b) of Section 287, or subdivision (h) or (i) of Section 289 shall not be required to register if, at the time of the offense, the person is not more than 10 years older than the minor, as measured from the minor’s date of birth to the person’s date of birth, and the conviction is the only one requiring the person to register. This paragraph does not preclude the court from requiring a person to register pursuant to Section 290.006.
(d) A person described in subdivision (c), or who is otherwise required to register pursuant to the Act shall register for 10 years, 20 years, or life, following a conviction and release from incarceration, placement, commitment, or release on probation or other supervision, as follows:
(1) (A) A tier one offender is subject to registration for a minimum of 10 years. A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), or for conviction of a felony described in subdivision (c) that was not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
(B) This paragraph does not apply to a person who is subject to registration pursuant to paragraph (2) or (3).
(2) (A) A tier two offender is subject to registration for a minimum of 20 years. A person is a tier two offender if the person was convicted of an offense described in subdivision (c) that is also described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, Section 285, subdivision (g) or (h) of Section 286, subdivision (g) or (h) of Section 287 or former Section 288a, subdivision (b) of Section 289, or Section 647.6 if it is a second or subsequent conviction for that offense that was brought and tried separately.
(B) This paragraph does not apply if the person is subject to lifetime registration as required in paragraph (3).
(3) A tier three offender is subject to registration for life. A person is a tier three offender if any one of the following applies:
(A) Following conviction of a registerable offense, the person was subsequently convicted in a separate proceeding of committing an offense described in subdivision (c) and the conviction is for commission of a violent felony described in subdivision (c) of Section 667.5, or the person was subsequently convicted of committing an offense for which the person was ordered to register pursuant to Section 290.006, and the conviction is for the commission of a violent felony described in subdivision (c) of Section 667.5.
(B) The person was committed to a state mental hospital as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(C) The person was convicted of violating any of the following:
(i) Section 187 while attempting to commit or committing an act punishable under Section 261, 286, 287, 288, or 289 or former Section 288a.
(ii) Section 207 or 209 with intent to violate Section 261, 286, 287, 288, or 289 or former Section 288a.
(iii) Section 220.
(iv) Subdivision (b) of Section 266h.
(v) Subdivision (b) of Section 266i.
(vi) Section 266j.
(vii) Section 267.
(viii) Section 269.
(ix) Subdivision (b) or (c) of Section 288.
(x) Section 288.2.
(xi) Section 288.3, unless committed with the intent to commit a violation of subdivision (b) of Section 286, subdivision (b) of Section 287 or former Section 288a, or subdivision (h) or (i) of Section 289.
(xii) Section 288.4.
(xiii) Section 288.5.
(xiv) Section 288.7.
(xv) Subdivision (c) of Section 653f.
(xvi) Any offense for which the person is sentenced to a life term pursuant to Section 667.61.
(D) The person’s risk level on the static risk assessment instrument for sex offenders (SARATSO), pursuant to Section 290.04, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
(E) The person is a habitual sex offender pursuant to Section 667.71.
(F) The person was convicted of violating subdivision (a) of Section 288 in two proceedings brought and tried separately.
(G) The person was sentenced to 15 to 25 years to life for an offense listed in Section 667.61.
(H) The person is required to register pursuant to Section 290.004.
(I) The person was convicted of a felony offense described in subdivision (b) or (c) of Section 236.1.
(J) The person was convicted of a felony offense described in subdivision (a), (c), or (d) of Section 243.4.
(K) The person was convicted of violating paragraph (2), (3), or (4) of subdivision (a) of Section 261 or was convicted of violating Section 261 and punished pursuant to paragraph (1) or (2) of subdivision (c) of Section 264.
(L) The person was convicted of violating paragraph (1) of subdivision (a) of former Section 262.
(M) The person was convicted of violating Section 264.1.
(N) The person was convicted of any offense involving lewd or lascivious conduct under Section 272.
(O) The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 286.
(P) The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 287 or former Section 288a.
(Q) The person was convicted of violating paragraph (1) of subdivision (a) or subdivision (d), (e), or (j) of Section 289.
(R) The person was convicted of a felony violation of Section 311.1 or 311.11 or of violating subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, or 311.10.
(4) (A) A person who is required to register pursuant to Section 290.005 shall be placed in the appropriate tier if the offense is assessed as equivalent to a California registerable offense described in subdivision (c).
(B) If the person’s duty to register pursuant to Section 290.005 is based solely on the requirement of registration in another jurisdiction, and there is no equivalent California registerable offense, the person shall be subject to registration as a tier two offender, except that the person is subject to registration as a tier three offender if one of the following applies:
(i) The person’s risk level on the static risk assessment instrument (SARATSO), pursuant to Section 290.06, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
(ii) The person was subsequently convicted in a separate proceeding of an offense substantially similar to an offense listed in subdivision (c) which is also substantially similar to an offense described in subdivision (c) of Section 667.5, or is substantially similar to Section 269 or 288.7.
(iii) The person has ever been committed to a state mental hospital or mental health facility in a proceeding substantially similar to civil commitment as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(5) (A) The Department of Justice may place a person described in subdivision (c), or who is otherwise required to register pursuant to the Act, in a tier-to-be-determined category if the appropriate tier designation described in this subdivision cannot be immediately ascertained. An individual placed in this tier-to-be-determined category shall continue to register in accordance with the Act. The individual shall be given credit toward the mandated minimum registration period for any period for which the individual registers.
(B) The Department of Justice shall ascertain an individual’s appropriate tier designation as described in this subdivision within 24 months of the individual’s placement in the tier-to-be-determined category.
(e) The minimum time period for the completion of the required registration period in tier one or two commences on the date of release from incarceration, placement, or commitment, including any related civil commitment on the registerable offense. The minimum time for the completion of the required registration period for a designated tier is tolled during any period of subsequent incarceration, placement, or commitment, including any subsequent civil commitment, except that arrests not resulting in conviction, adjudication, or revocation of probation or parole shall not toll the required registration period. The minimum time period shall be extended by one year for each misdemeanor conviction of failing to register under this act, and by three years for each felony conviction of failing to register under this act, without regard to the actual time served in custody for the conviction. If a registrant is subsequently convicted of another offense requiring registration pursuant to the Act, a new minimum time period for the completion of the registration requirement for the applicable tier shall commence upon that person’s release from incarceration, placement, or commitment, including any related civil commitment. If the subsequent conviction requiring registration pursuant to the Act occurs prior to an order to terminate the registrant from the registry after completion of a tier associated with the first conviction for a registerable offense, the applicable tier shall be the highest tier associated with the convictions.
(f) This section does not require a ward of the juvenile court to register under the Act, except as provided in Section 290.008.
CALCRIM No. 1170 – Failure to Register. See also People v. Garcia (2001), 25 Cal.4th 744; People v. Williams (2024) . Barrows v. Municipal Court (1970) 1 Cal. 3d 821. - California Penal Code 290.011g. See also People v. Aragon (2012) 207 Cal.App.4th 504. People v. Wallace (2009) 176 Cal.App.4th 1088.
- People v. Aragon, supra.
- People v. Garcia, Supra.
- People v. Barker (2004), 34 Cal.4th 345.
- See same.
- See same. California Senate Bill (SB) 384.
- CALCRIM No. 1170 – Failure to Register. See also People v. Barker, Supra. California PC 290b. California Senate Bill (SB) 384. California PC 290.018.
- See INA 237 (a) (2) (A).
- California Penal Code 1203.4 PC.
- California Penal Code 29800 PC.
- California Penal Code 667.71 PC.
- California Penal Code 12022.3 PC.
- California Penal Code 288 PC.