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Still Registering as a Sex Offender? Looking to Stop? This Three Part Series Will Discuss The Different Ways We Can Help You Get Off The Registration Rolls (Part 1)

By Walin & Klarich

Part I - People v. Hofsheier If you or a loved one is subject to California's mandatory sex offender registration law (Penal Code section 290, also known as "Megan's Law") because of a sex crime conviction in California, we may be able to help you get your name off the registration rolls. The California Supreme Court ruled in People v. Hofsheier (2006) 37 Cal.4th 1185 that, as applied to certain people, California's sex offender registration law is unconstitutional. Specifically, in the Hofsheier case, the defendant was convicted of violating Penal Code section 288a, subdivision (b)(1), by having "consensual" oral copulation with a minor, and, as a result of the conviction, the defendant was required to register as a sexual offender. The defendant challenged the registration requirement on the ground that defendants who engage in "consensual" sexual intercourse with a minor are not required to register, while those who engage in other sexual activity are so required, and, accordingly, the defendant concluded, the registration statute violated the defendant's right to "equal protection" - i...continue to full post

Full post as published by Southern California Criminal Defense Blog on July 17, 2008 (boomark / email).