Need help navigating the California sex offender registry? Contact the Helfend Law Group for any PC 290 case at 800-834-6434.
If you’ve been convicted of a sex crime in California, you likely have a duty to keep an active registration on the California sex offender registry.
State law requires sex offenders to register with the local police:
- Every year, within five working days of their birthdays.
- Any time they move to a new address.
Failure to do this can be a violation of California Penal Code 290 PC, “Failure to register as a sex offender.” The penalties for failure to register will depend on the circumstances of the original crime, with sentences ranging as high as three years for felons.
If you or someone you love has been charged with failure to register as a sex offender, a skilled criminal defense attorney can help you fight your charges or have them reduced.
- What is the California sex offender registry?
- Registration requirements for sex offenders in California
- Elements of PC 290: ‘Failure to register as a sex offender’
- PC 290 sex offender registration examples
- Penalties for ‘Failure to register as a sex offender’
- Defenses against ‘Failure to register’ charges
What is the California sex offender registry?
The California sex offender registry is a centralized database that tracks individuals convicted of sex crimes.
The state divides registrants into three tiers based on the severity of the offense and the risk of reoffense. These tiers dictate the length of time an individual must remain on the registry:
- Tier 1 – Requires registration for a minimum of 10 years. Applies to lower-level offenses such as misdemeanor indecent exposure or possession of child pornography (in certain circumstances).
- Tier 2 – Requires registration for a minimum of 20 years. Includes mid-level offenses such as lewd acts with a minor or some types of sexual battery.
- Tier 3 – Lifetime registration. Reserved for the most serious crimes, such as rape, human trafficking involving minors or repeated offenses.
Registration requirements for sex offenders in California
Individuals on the sex offender registry must fulfill specific duties to maintain compliance, including:
- Annual Registration – Registrants must update their information within five working days of their birthday each year.
- Change of Address Notification – Any move must be reported to local law enforcement within five working days.
- Temporary Absences – If leaving a residence temporarily (e.g., for work or vacation), individuals may still be required to inform law enforcement depending on the circumstances.
Elements of PC 290: ‘Failure to register as a sex offender’
In order to convict you of “Failure to register as a sex offender,” a prosecutor will have to prove that certain facts of the case were true. These are often referred to as the “elements of the crime.”
Failure to register has four elements:
- You were previously convicted of a sex crime that required you to register as a sex offender.
- You lived in California.
- You knew you had a duty to register as a sex offender.
- You willfully failed to register or update your registration.
In other words, the prosecutor has to prove that you were informed of your duty to re-register and that you intentionally didn’t. For example, if you were hospitalized with an illness and were unable to re-register or if your registration was lost by authorities, you are not guilty of failure to register.
PC 290 sex offender registration examples
This can be a little complicated, so let’s review three examples.
Example 1: Address change compliance
Scenario: John, a Tier 1 registrant, moves to a new apartment but delays notifying the police due to a work emergency.
Outcome: If John fails to update his address within five working days, he may face misdemeanor charges for failure to register.
Example 2: Annual registration oversight
Scenario: Maria, a Tier 2 registrant, is hospitalized during her annual registration period.
Outcome: Maria’s failure to register may not be considered willful, providing a defense against any criminal charges.
Example 3: Registration miscommunication
Scenario: Alex relocates and submits the necessary paperwork, but law enforcement misplaces the documents.
Outcome: Alex may avoid penalties if they can demonstrate a good-faith effort to comply with the law.
Penalties for ‘Failure to register as a sex offender’
The penalties for “Failure to register as a sex offender” depend on the severity of the original crime. If you were originally convicted for a misdemeanor sex crime, your penalty here would be a misdemeanor. The same is true for felonies.
As a misdemeanor, a violation of PC 290 is punishable by:
- Informal misdemeanor probation (also known as summary probation)
- Up to a year in county jail
- Up to $1,000 in fines
As a felony, punishments can include:
- Formal felony probation
- Up to three years in state prison
- Up to $10,000 in fines
Defenses against ‘Failure to register’ charges
“Robert really came to my rescue! I found myself under false accusations and he really came through. I was really freaking out, and Robert was able to make me feel like I was in good hands. I can’t recommend his services enough.”Drew, CA
As we mentioned above, if you have been charged with “Failure to register as a sex offender,” the prosecutor must prove that you willfully chose not to re-register.
A skilled criminal defense attorney can examine the facts of your case and work to get you the best possible outcome. Life can be unpredictable, and it can lead to situations where deadlines get missed.
Robert M. Helfend has practiced criminal defense in the Los Angeles area since 1984, and he is in expert in sex crimes cases. Call today for your free case evaluation — 800-834-6434.
Published December 8, 2019. Updated December 12, 2024.