Failure to Register as a Sex Offender | Penal Code § 290

Description

California law requires any person who, since 1944, has been convicted in any state, federal or military court of rape or offenses involving the use of force or violence or any offense involving lewd or lascivious conduct is required to register within five working days of coming into, or changing his or her residence. Violators may be charged with Failure to Register as a Sex Offender.

What does the prosecutor have to prove?

1. Defendant was required to register under the Sex Offender Registration Act based on a felony conviction.
2. Defendant willfully failed to register as a sex offender.

Punishment

Felony: 16months/2years/3years
With probation 90-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	No
Is this charge considered a “aggravated felony” for immigration purposes?	No
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No