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: Southern California Criminal Defense Blog

Out of State Sex crime Conviction Does Not Mean Automatic Sex Offender Registration in California ? California Penal Code Section 290

By Walin & Klarich

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The California Court of Appeals recently ruled that the defendant in a sex crimes case did not unlawfully fail to register as a sex offender because the least adjudicated elements of her Kentucky offense did not amount to a registrable offense in California. In In re Rodden, 2010 D.A.R. 8428, the Petitioner was charged with failing to register as a sex offender in California. The Petitioner was convicted in Kentucky for the sex crime of facilitating sodomy. The Petitioner was put on probation and did not have to register as a sex offender in Kentucky. The Petitioner then moved to California where she did not register as a sex offender. In California, an out-of-state conviction requires a defendant to register as a sex offender in California only when the least adjudicated elements of the offense satisfy all of the elements of a crime enumerated in subdivision (c) of section 290 or when the foreign jurisdiction required the defendant to register as a sex offender...continue to full post

Full post as published by Southern California Criminal Defense Blog on August 11, 2010 (boomark / email).