San Bernardino Sex-Related Crimes Attorney

Defending Californians who failed to register as sex offenders in San Bernardino.

If you are required to register as a sex offender in the state of California and you fail to do so, you can be found guilty under Penal Code 290, or “failure to register as a sex offender.”

California’s Sex Offender Registration Act, also known as Megan’s Law, requires anyone who has been convicted of a sex crime in California to register as a sex offender. This registration must be renewed each year and every time the person moves to a new address. Failing to do this can result in criminal charges under Penal Code 290(b).

It’s important to point out that California is moving to a three-tiered sex offender registry. Individuals in Tier Three must register as sex offenders for the rest of their lives. Those in Tier Two must register for a minimum of 20 years, and those in Tier One must register for a minimum of 10 years. But, in order to be removed from the registry at Tier One or Tier Two, a person must apply for it. They are not automatically taken off.

Elements Needed to Prove Your Case

So, what does it mean to fail to register as a sex offender? The prosecutor must prove that you are guilty of knowingly failing to register as a sex offender in the county or city you live in. Here is what the prosecutor must establish in order for you to be guilty:

• You have been convicted of a sex crime in San Bernardino for which registration is required under Penal Code 290(c).
• You resided in California at the time of the crime.
• You knew that it was your responsibility to register as a sex offender.
• You willfully failed to register or update your registration.

Who Needs to Register as a Sex Offender in San Bernardino

You can only be asked to register as a sex offender if you committed a sex crime. The most common sex crimes that lead to a sex offender registration requirement are violations of:

• Penal Code 261, California’s rape law
• Penal Code 243.4, California’s sexual battery law
• Sex crimes involving minors, including lewd acts with a minor under PC 288 and child pornography crimes
• Penal Code 289, forced non-intercourse sex acts, such as oral copulation by force or fear
• California’s indecent exposure law
• Human trafficking for child pornography or prostitution

As part of your punishment for the sex crime, you will be required to register all of your information with local law enforcement for as long as you live, work and attend school in San Bernardino. You will have to register once a year, within five working days of your birthday, and every time you change your address, within five working days from the time you move.

Penalties in San Bernardino for Failing to Register as a Sex Offender

The penalties for PC 290(b) depend on the sex crime for which you were charged for. If you were required to register as a sex offender based on a misdemeanor sex crime and you have no prior convictions of failing to register as a sex offender, you will be charged with a misdemeanor. A misdemeanor for failure to register includes summary probation, up to one year in county jail and/or a fine up to $1,000.

If your prior sex offense conviction was charged as a felony, or you have more than one offense for failing to register as a sex offender, you will be charged with a felony. A felony for failure to register includes formal probation, sixteens months, two years or three years in state prison and/or a fine up to $10,000.

Three Strikes Law Can Result in 25 Years to Life in Prison

California’s Three Strikes Law throws another wrench into the situation. If failing to register counts as a third strike, you could end up in prison for 25 years to life. In order for this to happen, a number of circumstances would have to apply. For example, the sex crime you committed must have been a felony, and at the time of the crime, you had to be convicted of two other violent or serious felonies.

Legal Defenses for Failing to Register

The good news is that there are many legal defenses for failing to register, and this is where choosing the right criminal defense attorney in San Bernardino makes all the difference. Our lawyer will sit down and review the circumstances of your case to determine what legal defense is best. Here are some of the most common.

• You did not willfully fail to register. This defense can be used if you were unaware of your obligation to register, or you intended to register but did not because of an accentuating factor. (Forgetting is not one of them.)
• You tried to register, but your information was lost. Sometimes, registries aren’t updated because of human error or lost paperwork. If your information was lost, you can’t be convicted of this crime.
• You were falsely accused. Sex offenders are stigmatized on a regular basis. Perhaps the “lost” paperwork wasn’t lost at all – it was purposely misplaced by a police officer who wanted to report you to the District Attorney.

Schedule Your Consultation

If you have been charged with failing to register as a sex offender, contact the Law Offices of David S. Chesley right away. Our San Bernardino criminal defense lawyers will review your case and determine the best legal defense to use. Our attorneys will fight for your rights, especially as we know that sex offenders are often stigmatized. Contact us today for your free consultation.