Sex Offenses

California Penal Code 290’s Sex Offender Registration Act requires those who live or work in California who have been convicted of any sexual-based crime register as a sex offender. This registration must be completed on an annual basis within five days of the offender’s birthday.

Changes to registration must be made any time the offender moves and requires notification of both the jurisdiction where you are moving and the jurisdiction you are leaving. But, what can happen if you do not register? You could be arrested and face charges of failure to register. If you are arrested and facing these charges, you need to contact a San Jose criminal attorney for assistance as quickly as possible.

Understanding failure to register

There are specific conditions which must be proven in order to be convicted of failure to register. These conditions are:

  • California resident – if you are currently living, working or attending school in California you may be considered a resident.
  • Understood duty to register– unlike other crimes where “ignorance of the law” may not be used, new residents of California may not be aware of their duty to register.
  • Failed to register willfully – willful disregard of the law requires you know about all of the registration requirements.
  • Convicted of a crime – in order to be required to register, you must have a conviction under California Penal Code 290(c); this need not be a conviction in California, the conviction may have occurred elsewhere.

Strong defense required

Steven H. Nakano Attorney at Law understands that most people who have been convicted of a sexual crime are simply trying to get their life on track. Once you have served your prison time and are likely trying to restore your life to normal. Unfortunately, in too many cases, registration means you could face discrimination when trying to find housing or employment. In addition, you may not have been aware that you have to notify the authorities in the area you have just moved into and the area you left in order to meet stringent reporting requirements. It is important that you have the assistance of a San Jose criminal attorney to help you fight against these charges.

Keep in mind, if you are found guilty of failing to register, you could face additional jail time. This is in addition to any time you have previously served for the crime. Steven H. Nakano Attorney at Law understands the California statutes and penal codes that apply to all sex-based crimes and will work with you to help you fight against failure to register. Whether you are a long-term resident of California or you have just moved into the area, I can help you mount a strong defense and help protect your rights and your freedom.