Sex Offender Laws: California's Community Notification Requirements

California has a set of laws in place that require people convicted of certain sex crimes to register as sex offenders. This means that they must register with their local law enforcement agency, and keep them informed of their general whereabouts. In 1947, California became the first state in the US to enact such a law. Today, the California Sex Offender Registry provides a wide range of services that support and assist the law enforcement community with the monitoring and registration of over 120,000 sex offenders in the state.

Who must register as a sex offender in California?

In 1947, California became the first state in the US to enact a sex offender registration law. This law required offenders convicted of specified offences to register with their local law enforcement agency. This practice is still in place, and the California Sex and Arson Registry (CSAR) acts as the statewide repository for information on registered sex offenders.

California law requires people convicted of certain sex crimes and sexually-motivated crimes to register as sex offenders. This means registering with their local law enforcement agency annually within five days of their birthday, and within five days of moving residences. Sex offender residency restrictions may also be imposed.

California's sex offender registration system has three tiers, each with its own reporting requirements:

• Tier one requires registration as a sex offender for at least ten years. This is for people convicted of the lowest-level sex offences, including misdemeanour sexual battery or indecent exposure.
• Tier two requires registration as a sex offender for at least twenty years. This is for people convicted of mid-level sex offences, including lewdness with a minor under 14, and non-forced sodomy with a minor under 14 years old.
• Tier three requires lifetime registration as a sex offender. This is for people convicted of the most serious sex offences, including rape (in most cases), sex trafficking of children, sex crimes against children 10 and younger, and repeated sex crimes.

Additionally, judges have the discretion not to require offenders to register for certain convictions where the victim was at least 14 and the offender is only older by less than ten years.

People who commit certain non-sexual offences will also be required to register if the offence was sexually motivated. People with convictions requiring registration from other states will also have to register in California.

How long must a sex offender register for in California?

In California, the length of time a sex offender must register for depends on the severity and circumstances of their crime. Since 2021, California has used a tiered system to determine the minimum registration period.

Tier 1 offenses, which include low-level sexual crimes such as indecent exposure, sexual battery, and misdemeanor convictions for other types of sex crimes, require a minimum of 10 years on the registry. Tier 2 offenses, which include mid-level sexual crimes such as incest, sodomy, and lewd acts with a minor, require a minimum of 20 years on the registry. Tier 3 offenses, which include severe sexual violations, multiple offenses, and sex crimes involving violent acts such as rape, forced sodomy, and child pornography, require lifetime registration.

It is important to note that the registration period can be extended if the offender is convicted of failing to register, which is itself a crime. The registration period will be extended by one year for a misdemeanor and three years for a felony. Additionally, a subsequent offense requiring registration will restart the clock after the offender is released from custody.

What are the reporting requirements for sex offenders in California?

California's sex offender registration laws require people convicted of certain sex crimes and sexually motivated crimes to register with their local law enforcement agency. This is known as the California Sex and Arson Registry (CSAR). The state uses a tiered system to determine the minimum amount of time that someone will be required to register as a sex offender.

Tier System

The state divides sex offenders into three categories: Tier 1, Tier 2, and Tier 3, each with a different registration period.

Tier 1

Tier 1 sex offenders are considered low-risk and the least likely to re-offend. They must keep their registration current for at least ten years. Most Tier 1 offenses are misdemeanors or other low-level sex offenses, including:

• Misdemeanor sexual battery
• Enticing a child to prostitution
• Misdemeanor oral copulation with a minor
• Indecent exposure
• Misdemeanor child pornography

Tier 2

Tier 2 sex offenders are considered moderate-risk offenders and must keep their registration current for at least 20 years. Offenses in this tier include:

• Oral copulation with a minor under 14
• Sodomy with a minor under 14
• Rape when the victim is unable to consent
• Lewd acts with a minor under 14

Tier 3

Tier 3 is the highest-risk category for the most severe sex crimes. Those convicted of Tier 3 offenses must maintain their registration for life. Tier 3 offenses include:

• Felony child pornography
• Sex trafficking children
• Rape (in most cases)
• Sex crimes against children 10 and younger
• Repeated sex crimes

Reporting Requirements

In addition to registering with their local law enforcement agency, sex offenders in California must also comply with the following reporting requirements:

• Register annually within five days of their birthday
• Register within five days of moving residences
• If the offender has no permanent residence, they must re-register every 30 days as a transient offender
• If the offender moves out of California, they must register as a sex offender in their new state
• If the offender works or attends school in California but lives in another state, they must register with the local law enforcement agency in the area where they work or attend school
• If the offender is enrolled at or employed by a California college or university, they must register with the campus police or the local law enforcement agency that patrols the campus area
• If the offender changes their name, they must report that information to their local law enforcement agency within five working days

Megan's Law

In addition to California's sex offender registration requirements, Megan's Law requires the Justice Department to establish a searchable Internet database where specific sex offender registrations are available for public view. This law was established to keep the public informed so they can protect themselves and their families from offenders deemed to be higher-risk.

How can a sex offender be removed from the California registry?

California has a three-tiered sex offender registration system, with each tier carrying a different minimum registration period.

Tier 1 offenders, who have committed the lowest level of sex offenses, must register for a minimum of 10 years. Tier 2 offenders, who have committed mid-level sex offenses, must register for a minimum of 20 years. Tier 3 offenders, who have committed the most serious sex offenses, are required to register for life.

Once a sex offender has served the minimum registration period, they may petition for removal from the California Sex Offender Registry. This is done by making a formal petition to the court, which an attorney can help with. The petition must include proof that the offender's registration is current. The forms must be filed in the applicable court and served to the district attorney where the conviction occurred.

The district attorney can request a hearing to oppose the petition. The court then decides whether to approve or deny the petition. If the petition is denied, the court must provide a reason for the denial and state when the offender can make another petition.

It is important to note that even if an offender's name is removed from the California Sex Offender Registry, they may still be required to register as a sex offender in other states.

Additionally, it is possible to have one's name removed from the California Megan's Law website, which makes sex offender information publicly available. This can be done by submitting a Megan's Law Exclusion Form to the California Department of Justice. This form of removal is available to those who were convicted of specific offenses, such as sexual battery by restraint or annoying or molesting a child. Obtaining a certificate of rehabilitation or a governor's pardon can also result in removal from the website.

Furthermore, certain conditions must be met for one to be eligible for removal from the registry. The offender's registration must be current, and they must not have any pending charges that could extend their minimum registration period or change their tier designation. They also cannot be in custody, on parole, on probation, or on supervised release.

In summary, while it is possible for a sex offender to be removed from the California registry, it is a complex process that requires legal assistance and meeting specific criteria.

What are the residency restrictions for sex offenders in California?

California imposes certain conditions that restrict where and how sex offenders can live. Registered sex offenders in California must abide by the following residency restrictions:

Registration

Sex offenders living in California, or moving to the state, must register with the state's sex offender registry. This includes people who have been convicted of certain sex crimes and sexually-motivated crimes. Offenders must register with their local law enforcement agency within five days of moving residences and annually within five working days of their birthday.

Residency

Courts may impose parole conditions that restrict offenders from living near schools and parks. In 2006, California voters passed Proposition 83, commonly known as Jessica's Law, which created "predator-free zones". This prohibited registered sex offenders from living within 2,000 feet of any public or private school or any park where children regularly gathered. For certain high-risk offenders, the required distance was increased to 2,640 feet. However, the California Supreme Court later found this law to be unconstitutional, citing that it created a group of homeless offenders with limited access to drug and alcohol dependency services.

Case-by-Case Basis

Today, residency restrictions are handled on a case-by-case basis. Courts can still restrict offenders from living near schools and parks if they are deemed to be a higher risk. The distance requirement is usually 2,000 to 2,640 feet.

Multiple Offenders

California law prohibits multiple sex offenders from living together unless they are related by blood, marriage, or adoption.

Travel

Sex offenders are subject to travel restrictions imposed as a condition of their probation, mandatory supervision, or parole. Permission to travel can be granted by a caseworker. Being a registered sex offender does not currently prevent someone from travelling domestically. However, international travel may be restricted, as some countries prohibit registered sex offenders from visiting.

Megan's Law

Megan's Law, enacted in 1996, requires the California Department of Justice (DOJ) to notify the public about registered sex offenders in the state. The DOJ maintains a website that allows users to enter their address and find out if a sex offender lives in their neighborhood, as well as the identity of the offender.

Frequently asked questions