Cal Pen Code § 290 (2004)
§ 290. Registration of sex offenders
(a)(1)(A) Every person described in paragraph (2), for the rest of
his or her life while residing in, or, if he or she has no residence, while
located within California, or while attending school or working in California,
as described in subparagraph (G), shall be required to register with the chief
of police of the city in which he or she is residing, or if he or she has no
residence, is located, or the sheriff of the county if he or she is residing,
or if he or she has no residence, is located, 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 he or she is residing, or if he or she has no residence,
is located upon the campus or in any of its facilities, within five working
days of coming into, or changing his or her residence or location within, any
city, county, or city and county, or campus in which he or she temporarily
resides, or, if he or she has no residence, is located.
(B) If the person who is registering has more than one
residence address or location at which he or she regularly resides or is
located, he or she shall register in accordance with subparagraph (A) in each
of the jurisdictions in which he or she regularly resides or is located. If all
of the addresses or locations are within the same jurisdiction, the person
shall provide the registering authority with all of the addresses or locations
where he or she regularly resides or is located.
(C) If the person who is registering has no residence
address, he or she shall update his or her registration no less than once every
60 days in addition to the requirement in subparagraph (A), on a form as may be
required by the Department of Justice, with the entity or entities described in
subparagraph (A) in whose jurisdiction he or she is located at the time he or
she is updating the registration.
(D) Beginning on his or her first birthday following
registration or change of address, the person shall be required to register
annually, within five working days of his or her birthday, to update his or her
registration with the entities described in subparagraph (A). At the annual
update, the person shall provide current information as required on the
Department of Justice annual update form, including the information described
in subparagraphs (A) to (C), inclusive, of paragraph (2) of subdivision (e).
(E) In addition, every person who has ever been adjudicated a
sexually violent predator, as defined in Section 6600
of the Welfare and Institutions Code, shall, after his or her release
from custody, verify his or her address no less than once every 90 days and place
of employment, including the name and address of the employer, in a manner
established by the Department of Justice.
(F) No entity shall require a person to pay a fee to register
or update his or her registration pursuant to this section. The registering
agency shall submit registrations, including annual updates or changes of
address, directly into the Department of Justice Violent Crime Information
Network (VCIN).
(G) Persons required to register in their state of residence
who are out-of-state residents employed, or carrying on a vocation in
California on a full-time or part-time basis, with or without compensation, for
more than 14 days, or for an aggregate period exceeding 30 days in a calendar
year, shall register in accordance with subparagraph (A). Persons described in
paragraph (2) who are out-of-state residents enrolled in any educational
institution in
(2) The following persons shall be required to register
pursuant to paragraph (1):
(A) Any 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 207 or 209 committed with intent to violate
Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit
mayhem, Section 243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a)
of Section 261, or paragraph (1) of subdivision (a) of Section 262 involving
the use of force or violence for which the person is sentenced to the state
prison, Section 264.1, 266, 266c, subdivision (b) of Section 266h, subdivision
(b) of Section 266i, 266j, 267, 269, 285, 286, 288, 288a, 288.5, or 289,
Section 311.1, 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;
or any statutory predecessor that includes all elements of one of the
above-mentioned offenses; or any person who since that date has been or is
hereafter convicted of the attempt to commit any of the above-mentioned
offenses.
(B) Any person who, since July 1, 1944, has been or hereafter
is released, discharged, or paroled from a penal institution where he or she
was confined because of the commission or attempted commission of one of the
offenses described in subparagraph (A).
(C) Any person who, since July 1, 1944, has been or hereafter
is determined to be a mentally disordered sex offender under Article 1
(commencing with Section 6300) of Chapter 2 of Part 2
of Division 6 of the Welfare and Institutions Code or any person who has
been found guilty in the guilt phase of a trial for an offense for which
registration is required by this section but who has been found not guilty by
reason of insanity in the sanity phase of the trial.
(D) Any person who, since July 1, 1944, has been, or is
hereafter convicted in any other court, including any state, federal, or
military court, of any offense that, if committed or attempted in this state,
would have been punishable as one or more of the offenses described in
subparagraph (A) or any person ordered by any other court, including any state,
federal, or military court, to register as a sex offender for any offense, if
the court found at the time of conviction or sentencing that the person
committed the offense as a result of sexual compulsion or for purposes of
sexual gratification.
(E) Any person ordered by any court to register pursuant to
this section for any offense not included specifically in this section if the
court finds at the time of conviction or sentencing that the person committed
the offense as a result of sexual compulsion or for purposes of sexual
gratification. The court shall state on the record the reasons for its findings
and the reasons for requiring registration.
(F)(i) Notwithstanding any other subdivision, a person who
was convicted before January 1, 1976, under subdivision (a) of Section 286, or
Section 288a, shall not be required to register pursuant to this section for
that conviction if the conviction was for conduct between consenting adults
that was decriminalized by Chapter 71 of the Statutes of 1975 or Chapter 1139
of the Statutes of 1976. The Department of Justice shall remove that person
from the Sex Offender Registry, and the person is discharged from his or her
duty to register pursuant to the following procedure:
(I) The person submits to the Department of Justice official
documentary evidence, including court records or police reports, that
demonstrate that the person's conviction pursuant to either of those sections
was for conduct between consenting adults that was decriminalized; or
(II) The person submits to the department a declaration
stating that the person's conviction pursuant to either of those sections was
for consensual conduct between adults that has been decriminalized. The
declaration shall be confidential and not a public record, and shall include
the person's name, address, telephone number, date of birth, and a summary of
the circumstances leading to the conviction, including the date of the
conviction and county of the occurrence.
(III) The department shall determine whether the person's
conviction was for conduct between consensual adults that has been
decriminalized. If the conviction was for consensual conduct between adults
that has been decriminalized, and the person has no other offenses for which he
or she is required to register pursuant to this section, the department shall,
within 60 days of receipt of those documents, notify the person that he or she
is relieved of the duty to register, and shall notify the local law enforcement
agency with which the person is registered that he or she has been relieved of
the duty to register. The local law enforcement agency shall remove the person's
registration from its files within 30 days of receipt of notification. If the
documentary or other evidence submitted is insufficient to establish the
person's claim, the department shall, within 60 days of receipt of those
documents, notify the person that his or her claim cannot be established, and
that the person shall continue to register pursuant to this section. The
department shall provide, upon the person's request, any information relied
upon by the department in making its determination that the person shall
continue to register pursuant to this section. Any person whose claim has been
denied by the department pursuant to this clause may petition the court to
appeal the department's denial of the person's claim.
(ii) On or before July 1, 1998, the department shall make a
report to the Legislature concerning the status of persons who may come under
the provisions of this subparagraph, including the number of persons who were
convicted before January 1, 1976, under subdivision (a) of Section 286 or
Section 288a and are required to register under this section, the average age
of these persons, the number of these persons who have any subsequent
convictions for a registerable sex offense, and the number of these persons who
have sought successfully or unsuccessfully to be relieved of their duty to
register under this section.
(b)(1) Any person who is released, discharged, or paroled
from a jail, state or federal prison, school, road camp, or other institution
where he or she was confined because of the commission or attempted commission
of one of the offenses specified in subdivision (a) or is released from a state
hospital to which he or she was committed as a mentally disordered sex offender
under Article 1 (commencing with Section 6300) of Chapter
2 of Part 2 of Division 6 of the Welfare and Institutions Code, shall,
prior to discharge, parole, or release, be informed of his or her duty to
register under this section by the official in charge of the place of
confinement or hospital, and the official shall require the person to read and
sign any form that may be required by the Department of Justice, stating that
the duty of the person to register under this section has been explained to the
person. The official in charge of the place of confinement or hospital shall
obtain the address where the person expects to reside upon his or her
discharge, parole, or release and shall report the address to the Department of
Justice. The official shall at the same time forward a current photograph of
the person to the Department of Justice.
(2) The official in charge of the place of confinement or
hospital shall give one copy of the form to the person and shall send one copy
to the Department of Justice and one copy to the appropriate law enforcement
agency or agencies having jurisdiction over the place the person expects to
reside upon discharge, parole, or release. If the conviction that makes the
person subject to this section is a felony conviction, the official in charge
shall, not later than 45 days prior to the scheduled release of the person,
send one copy to the appropriate law enforcement agency or agencies having
local jurisdiction where the person expects to reside upon discharge, parole,
or release; one copy to the prosecuting agency that prosecuted the person; and
one copy to the Department of Justice. The official in charge of the place of
confinement or hospital shall retain one copy.
(c)(1) Any person who is convicted in this state of the
commission or attempted commission of any of the offenses specified in
subdivision (a) and who is released on probation, shall, prior to release or
discharge, be informed of the duty to register under this section by the
probation department, and a probation officer shall require the person to read
and sign any form that may be required by the Department of Justice, stating
that the duty of the person to register under this section has been explained
to him or her. The probation officer shall obtain the address where the person
expects to reside upon release or discharge and shall report within three days
the address to the Department of Justice. The probation officer shall give one
copy of the form to the person, send one copy to the Department of Justice, and
forward one copy to the appropriate law enforcement agency or agencies having
local jurisdiction where the person expects to reside upon his or her
discharge, parole, or release.
(2) Any person who is convicted in this state of the
commission or attempted commission of any of the offenses specified in
subdivision (a) and who is granted conditional release without supervised
probation, or discharged upon payment of a fine, shall, prior to release or
discharge, be informed of the duty to register under this section in open court
by the court in which the person has been convicted, and the court shall
require the person to read and sign any form that may be required by the
Department of Justice, stating that the duty of the person to register under
this section has been explained to him or her. If the court finds that it is in
the interest of the efficiency of the court, the court may assign the bailiff
to require the person to read and sign forms under this section. The court
shall obtain the address where the person expects to reside upon release or
discharge and shall report within three days the address to the Department of
Justice. The court shall give one copy of the form to the person, send one copy
to the Department of Justice, and forward one copy to the appropriate law
enforcement agency or agencies having local jurisdiction where the person
expects to reside upon his or her discharge, parole, or release.
(d)(1) Any person who, on or after January 1, 1986, is
discharged or paroled from the Department of the Youth Authority to the custody
of which he or she was committed after having been adjudicated a ward of the
juvenile court pursuant to Section 602 of the Welfare
and Institutions Code because of the commission or attempted commission
of any offense described in paragraph (3) shall be subject to registration
under the procedures of this section.
(2) Any person who is discharged or paroled from a facility
in another state that is equivalent to the Department of the Youth Authority,
to the custody of which he or she was committed because of an offense which, if
committed or attempted in this state, would have been punishable as one or more
of the offenses described in paragraph (3), shall be subject to registration
under the procedures of this section.
(3) Any person described in this subdivision who committed an
offense in violation of any of the following provisions shall be required to
register pursuant to this section:
(A) Assault with intent to commit rape, sodomy, oral
copulation, or any violation of Section 264.1, 288, or 289 under Section 220.
(B) Any offense defined in paragraph (1), (2), (3), (4), or
(6) of subdivision (a) of Section 261, Section 264.1, 266c, or 267, paragraph
(1) of subdivision (b) of, or subdivision (c) or (d) of, Section 286, Section
288 or 288.5, paragraph (1) of subdivision (b) of, or subdivision (c) or (d)
of, Section 288a, subdivision (a) of Section 289, or Section 647.6.
(C) A violation of Section 207 or 209 committed with the
intent to violate Section 261, 286, 288, 288a, or 289.
(4) Prior to discharge or parole from the Department of the
Youth Authority, any person who is subject to registration under this
subdivision shall be informed of the duty to register under the procedures set
forth in this section. Department of the Youth Authority officials shall
transmit the required forms and information to the Department of Justice.
(5) All records specifically relating to the registration in
the custody of the Department of Justice, law enforcement agencies, and other
agencies or public officials shall be destroyed when the person who is required
to register has his or her records sealed under the procedures set forth in Section 781 of the Welfare and Institutions Code. This
subdivision shall not be construed as requiring the destruction of other
criminal offender or juvenile records relating to the case that are maintained
by the Department of Justice, law enforcement agencies, the juvenile court, or
other agencies and public officials unless ordered by a court under Section 781
of the Welfare and Institutions Code.
(e)(1) On or after January 1, 1998, upon incarceration,
placement, or commitment, or prior to release on probation, any person who is
required to register under this section shall preregister. The preregistering official
shall be the admitting officer at the place of incarceration, placement, or
commitment, or the probation officer if the person is to be released on
probation. The preregistration shall consist ofall of the following:
(A) A preregistration statement in writing, signed by the
person, giving information that shall be required by the Department of Justice.
(B) The fingerprints and a current photograph of the person.
(C) Any person who is preregistered pursuant to this
subdivision is required to be preregistered only once.
(2) A person described in paragraph (2) of subdivision (a)
shall register, or reregister if the person has previously registered, upon
release from incarceration, placement, or commitment, pursuant to paragraph (1)
of subdivision (a). The registration shall consist of all of the following:
(A) A statement in writing signed by the person, giving
information as shall be required by the Department of Justice and giving the
name and address of the person's employer, and the address of the person's
place of employment if that is different from the employer's main address.
(B) The fingerprints and a current photograph of the person
taken by the registering official.
(C) The license plate number of any vehicle owned by,
regularly driven by, or registered in the name of the person.
(D) Notice to the person that, in addition to the
requirements of paragraph (4), he or she may have a duty to register in any
other state where he or she may relocate.
(E) Copies of adequate proof of residence, which shall be
limited to a
(3) Within three days thereafter, the preregistering official
or the registering law enforcement agency or agencies shall forward the
statement, fingerprints, photograph, and vehicle license plate number, if any,
to the Department of Justice.
(f)(1) If any person who is required to register pursuant to
this section changes his or her residence address or location, whether within
the jurisdiction in which he or she is currently registered or to a new
jurisdiction inside or outside the state, the person shall inform, in writing
within five working days, the law enforcement agency or agencies with which he
or she last registered of the new address or location. The law enforcement
agency or agencies shall, within three working days after receipt of this
information, forward a copy of the change of address or location information to
the Department of Justice. The Department of Justice shall forward appropriate
registration data to the law enforcement agency or agencies having local
jurisdiction of the new place of residence or location.
(2) If the person's new address is in a Department of the
Youth Authority facility or a state prison or state mental institution, an
official of the place of incarceration, placement, or commitment shall, within
90 days of receipt of the person, forward the registrant's change of address
information to the Department of Justice. The agency need not provide a
physical address for the registrant but shall indicate that he or she is
serving a period of incarceration or commitment in a facility under the
agency's jurisdiction. This paragraph shall apply to persons received in a
Department of the Youth Authority facility or a state prison or state mental
institution on or after January 1, 1999. The Department of Justice shall
forward the change of address information to the agency with which the person
last registered.
(3) If any person who is required to register pursuant to
this section changes his or her name, the person shall inform, in person, the
law enforcement agency or agencies with which he or she is currently registered
within five working days. The law enforcement agency or agencies shall forward
a copy of this information to the Department of Justice within three working
days of its receipt.
(g)(1) Any person who is required to register under this
section based on a misdemeanor conviction or juvenile adjudication who
willfully violates any requirement of this section is guilty of a misdemeanor
punishable by imprisonment in a county jail not exceeding one year.
(2) Except as provided in paragraphs (5) and (7), any person
who is required to register under this section based on a felony conviction or
juvenile adjudication who willfully violates any requirement of this section or
who has a prior conviction or juvenile adjudication for the offense of failing
to register under this section and who subsequently and willfully violates any
requirement of this section is guilty of a felony and shall be punished by
imprisonment in the state prison for 16 months, or two or three years.
If probation is granted or if the imposition or execution of
sentence is suspended, it shall be a condition of the probation or suspension
that the person serve at least 90 days in a county jail. The penalty described
in this paragraph shall apply whether or not the person has been released on
parole or has been discharged from parole.
(3) Any person determined to be a mentally disordered sex
offender or who has been found guilty in the guilt phase of trial for an
offense for which registration is required under this section, but who has been
found not guilty by reason of insanity in the sanity phase of the trial, or who
has had a petition sustained in a juvenile adjudication for an offense for
which registration is required under this section pursuant to subdivision (d),
but who has been found not guilty by reason of insanity, who willfully violates
any requirement of this section is guilty of a misdemeanor and shall be
punished by imprisonment in a county jail not exceeding one year. For any
second or subsequent willful violation of any requirement of this section, the
person is guilty of a felony and shall be punished by imprisonment in the state
prison for 16 months, or two or three years.
(4) If, after discharge from parole, the person is convicted
of a felony or suffers a juvenile adjudication as specified in this
subdivision, he or she shall be required to complete parole of at least one
year, in addition to any other punishment imposed under this subdivision. A
person convicted of a felony as specified in this subdivision may be granted
probation only in the unusual case where the interests of justice would best be
served. When probation is granted under this paragraph, the court shall specify
on the record and shall enter into the minutes the circumstances indicating
that the interests of justice would best be served by the disposition.
(5) Any person who has ever been adjudicated a sexually
violent predator, as defined in Section 6600 of the
Welfare and Institutions Code, and who fails to verify his or her
registration every 90 days as required pursuant to subparagraph (E) of
paragraph (1) of subdivision (a), shall be punished by imprisonment in the
state prison, or in a county jail not exceeding one year.
(6) Except as otherwise provided in paragraph (5), and in
addition to any other penalty imposed under this subdivision, any person who is
required pursuant to subparagraph (C) of paragraph (1) of subdivision (a) to
update his or her registration every 60 days and willfully fails to update his
or her registration is guilty of a misdemeanor and shall be punished by
imprisonment in a county jail not exceeding six months. Any subsequent
violation of this requirement that persons described in subparagraph (C) of
paragraph (1) of subdivision (a) shall update their registration every 60 days
is also a misdemeanor and shall be punished by imprisonment in a county jail
not exceeding six months.
(7) Any person who fails to provide proof of residence as
required by subparagraph (E) of paragraph (2) of subdivision (e), regardless of
the offense upon which the duty to register is based, is guilty of a
misdemeanor punishable by imprisonment in a county jail not exceeding six
months.
(8) Any person who is required to register under this section
who willfully violates any requirement of this section is guilty of a
continuing offense.
(h) Whenever any person is released on parole or probation
and is required to register under this section but fails to do so within the
time prescribed, the parole authority, the Youthful Offender Parole Board, or
the court, as the case may be, shall order the parole or probation of the
person revoked. For purposes of this subdivision, "parole authority"
has the same meaning as described in Section 3000.
(i) Except as provided in Sections 290.4 and 290.45, the
statements, photographs, and fingerprints required by this section shall not be
open to inspection by the public or by any person other than a regularly
employed peace officer or other law enforcement officer.
(j) In any case in which a person who would be required to
register pursuant to this section for a felony conviction is to be temporarily
sent outside the institution where he or she is confined on any assignment
within a city or county including firefighting, disaster control, or of
whatever nature the assignment may be, the local law enforcement agency having
jurisdiction over the place or places where the assignment shall occur shall be
notified within a reasonable time prior to removal from the institution. This
subdivision shall not apply to any person who is temporarily released under
guard from the institution where he or she is confined.
(k) As used in this section, "mentally disordered sex
offender" includes any person who has been determined to be a sexual
psychopath or a mentally disordered sex offender under any provision which, on
or before January 1, 1976, was contained in Division 6 (commencing with Section 6000) of the Welfare and Institutions Code.
(l )(1) Every person who, prior to January 1, 1997, is
required to register under this section, shall be notified whenever he or she
next reregisters of the reduction of the registration period from 14 to five
working days. This notice shall be provided in writing by the registering agency
or agencies. Failure to receive this notification shall be a defense against
the penalties prescribed by subdivision (g) if the person did register within
14 days.
(2) Every person who, as a sexually violent predator, as
defined in Section 6600 of the Welfare and Institutions Code, is
required to verify his or her registration every 90 days, shall be notified
wherever he or she next registers of his or her increased registration
obligations. This notice shall be provided in writing by the registering agency
or agencies. Failure to receive this notice shall be a defense against the
penalties prescribed by paragraph (5) of subdivision (g).
(m) The registration provisions of this section are
applicable to every person described in this section, without regard to when
his or her crimes were committed or his or her duty to register pursuant to
this section arose, and to every offense described in this section, regardless
of when it was committed.