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What are sex offenders not allowed to do? – California Penal Code 290

Posted by Raoul Severo | Oct 01, 2020 | 0 Comments

Since time immemorial, humans have been driven by carnal desires; the physical body has the innate desire to satisfy its appetitive craving. One of the most common among these cravings is a pleasure. A person would want to feel pleasure in every way possible. According to the late philosopher Jeremy Bentham, pleasure comes in many forms, 14 in that matter. However, among those 14, the most powerful form of pleasure is the pleasure for the senses. It is the stimulation of the physiological body to create arousal. People would go to great lengths to achieve this satisfaction. However, not every means of reaching it is acceptable; some are downright criminal. For example, sexual predation.

Sexual predators are lurking in every corner; chances are everyone might already have an interaction with one be it unknowingly. As a matter of fact, most, if not all, sexual predators have ties with their victims. About 90% of the cases involve someone closely acquainted with the victim or his/her direct relatives or immediate friends. To protect the people from the dangers that these predators may bring, the state of California established the nation's first Sex Offender Registry. This is to monitor and regulate sex offenders' actions and make sure that they no longer return to their wicked deeds.

Under the California Penal Code 290, a convicted violator of certain sex crimes is legally obliged to register as a sex offender. As registered sex offenders, they are to report to local law enforcement agencies every year within five days of his/her birthday.

To further establish PC 290, California Senate Bill 384 made an extensive three-tiered registration system depending on the severity of the sexual misconduct.

TIER 1

The violations under the first tier can result in at least ten (10) years of registration. These are the low-level sex offenses including sexual misdemeanor or indecent exposure. Other crimes involved in this tier are:

TIER 2

The violations under the second tier can result in at least twenty (20) years of registration. These are the mid-level sex offenses including contemplating and acting on malicious intent with minors. Other crimes involved in this tier are:

  • PC 285 Incestual Relations
  • PC 261 Consensual sexual relation with a mentally ill
  • PC 286 Sodomy with minors under 14
  • PC 288 Lewd Acts with minors under 14
  • PC 287 Oral Copulation with a minor a mentally ill
  • PC 287 Oral Copulation with a minor under 14

TIER 3

The violations under the third tier can result to a lifetime registration in the sex offender registry. These are the most serious offenses including rape, and coercing a minor to perform sexual misconduct. Other crimes involved in this tier are:

  •  PC 187 Murder during an attempted rape (PC Section 261, 286, 288, 287, or 289)
  • PC 207 and 0209 Kidnapping during an attempted rape. (PC Section 261, 286, 288, 287, or 289)
  • PC 261 Children Sex Trafficking
  • PC 243 Sexual battery: Felony charges
  • PC 261 Rape
  • PC 264 Acting as an accomplice for rape
  • PC 267 Abducting a minor for prostitution
  • PC 269 Aggravated sexual assault on a child
  • PC 272 Acts of lasciviousness with a minor
  • PC 288 Sending lewd materials with intent of seducing a minor
  • PC  311 Child Pornography
  • Forced Sodomy, Oral Copulation, or a person with disability

What are the conditions given to Registered Sex Offenders?

Due to the act of committing sex crimes, a registered sex offender is obliged to do the following:

  1. Follow strict housing guidelines: Inform the law enforcement authority in your area about the housing conditions, address, nearby landmarks, etc.
  2. Update the local law enforcement from time to time depending on the conditions given by the state.
  3. Inform the academic institution, and/or work environment about your status as a registered sex offender.

Legal Support

Being registered as a sex offender will greatly affect a person's entire way of living. A quick background check on a person will reveal their sexual misconduct, and this information can give them a hard time applying for civil or social privileges. It can also greatly affect their chances of employment. Employers tend not to hire people with sexual offenses because these people can damage the entire workforce. Due to these consequences, it would be an accused's best strategy to hire a credible criminal defense attorney. A great lawyer can lessen, if not dismiss, the charges. This can be used to avoid being wrongfully registered as a sex offender.

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