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A GUIDE TO REGISTRATION & RECOVERY
This is a Public Service Website Dedicated to Protecting the Public by Helping My Fellow Registrants Know of the Requirements of Megan's Law; How to Meet Them in California, as well as how to obtain counseling and professional help worldwide in overcoming sexual compulsions and handle crises responsibly.
Last Updated: February, 2008
This Site Will Continue To Be Updated as the Law Continues to Change by Legislative Decree or Court Decisions
(c) 2000,2002, 2008 by Jake Goldenflame, J.D., M.A.
Author, OVERCOMING SEXUAL TERRORISM: 60 Ways to Protect Your Children from Sexual Predators (Revised and Updated, February, 2006) Click here to go to the book's website
REGISTRATION
(See Below on This Page)
Who is Required to Register
When Are We Required to Register
What We Are Required to Provide in Registering
Risk Assessment Program
Penalties for Failing to Register or Stay Registered
Community Notification page:
Who May Be Notified About Us
What May Be Disclosed About Us
Apology Page:
Expressions of Remorse from Convicted Sex Offenders
Restoration Page:
How to Earn Your Way Back into the Community: The Ten Commandments for a Recovering Sex Offender
List of Recovery Resources Available to us.
Crisis Counseling Page:
How to Come Back In When You've Lost It--
Victim Injured,and with
you.
Victim Not injured, and
with you.
Victim Injured and NOT
with you.
Victim Not injured and NOT
with you.
Victim Now Deceased.
Mastery Page:
A Theology for Sexuality
Background on Webmaster and e-mail address to reach him.
PLEASE NOTE: The creator of this web site holds a law degree but is not an attorney. Readers are cautioned not to rely on the information provided on this web site as a substitute for legal counsel. The purpose of this web site is only to provide a general explanation of the law, not how the law applies to you in a specific instance. For that information you must see an attorney. BAR CERTIFIED LAWYER REFERRAL SERVICES
WHO IS REQUIRED TO REGISTER
Regardless of when the duty to register arose, anyone residing in California, even as a student or employee (whether compensated or not, full or part-time, or for governmental or educational benefit), who was convicted in any state, federal or military court:
* of any of the Crimes listed below (or their attempt)
* or of any crime equal to them in all elements
* or of any offense performed as a result of a sexual compulsion or for sexual gratification, even if not included below, if ANY court orders that they be registered,
must register and remain registered here so long as they continue to reside here (or work or attend a school here for more than 14 days at a time or more than 30 days total each year), for the rest of their lives. Any person released from the Department of Corrections and Rehabilitation after having been adjudicated as a juvenile under WIC 602 because of the commission or attempt of any of the below crimes shall similarly be required to register. That's the basic law.
Any of us who have been released from prison on account of any of the crimes listed below must register.
Any of us who were previously registered before being sent into custody, or committed or placed on probation or parole, must also now register
Any of us designated as a Mentally Disturbed Sexual Offender
or found Not Guilty by Reason of Insanity, or adjudicated as a Sexually Violent Predator must also register.
CRIMES LISTED IN THE CALIFORNIA PENAL CODE FOR WHICH REGISTRATION IS REQUIRED
(Note: FVDM or F means: by Force, Violence, Duress, Menace or Fear)
Section 187 Murder committed with intent to violate:
261 Rape
286 Sodomy
288 Felony Molestation of A Child or of a Dependent adult
288a Oral Copulation, or
289 Sexual Penetration by FVDM
207 or 209 (kidnapping) to commit rape, sodomy, felony child molestation or oral copulation, sexual penetration by FVDMF
220 Assault to Commit Rape, Sodomy, Oral Copulation or any Sexual conduct
except assault to commit mayhem
264.1 Rape in Concert with another assailant
266 Enticing a Female into prostitution
266c Sex by fraud or fear
266h(b) pimping a minor over 16 years of age
266i(b) inducing or procuring the prostitution of a minor over 16 years to live in a house of prostitution anywhere
266j transporting or making a Child under Age 16 available for the purposes of felony child molestation (Section 288) or causing a child under 16 to engage in an act of felony child molestation with another child or adult
267 taking a Child less than 18 years of age from the custody of their parent/guardian for the purpose of prostitution
269 committing an act of rape or sodomy, by FVDM or F, on a child under 14 years of age by a person 10 years or more older than that child
285 committing an act of incestuous marriage
286 sodomy
288 Felony Child Molestation
288a Oral Copulation
288.3, 288.4,288.5, 288.7 Continuous Child Molestation of a victim less than 14 years of age
289 Sexual Penetration by FVDM or F
311.1,311.2(b) Sending or Bringing Obscene Matter with a person under Age 18 as its subject
(c) publishing or possessing the same
(d) exhibiting, exchanging the same
311.3 making or exchanging any representation of a person under Age 18 having sex
311.4 using a minor to assist in sexual pornography
311.10 advertising pornography involving a person under Age 18
311.11 possessing obscene matter about a person under Age 18
647.6 and former 647a child molesting or annoying
653f(c) soliciting another, by Force or Violence, to commit an act of rape, sodomy, oral copulation, or rape, in concert with another, to sexually molest a child under 14 years of age or commit an act of Sexual Penetration
314, subdivision 1 indecent exposure
314, subdivision 2 getting another to act as a sexual exhibitionist (even as a 'model')
Or of Any offense involving lewd or lascivious conduct under Section 272: Child Endangerment resulting in the child's becoming a ward of the court under California Welfare & Institutions Code Section 300, 601 or 602
Or of Any attempt or conspiracy to commit any of the above
*****SHALL REGISTER OR RE-REGISTER
with the chief of police of the city in which they reside or, if without residence, are located,
or with the sheriff of the county if there is no city police department,
and
with the campus police of any state university or community college they are attending, OR if they are residing or are located on its campus.
BUT NOT IF CONVICTED BEFORE JANUARY 1, 1976 under
286(a) Sodomy
288a Oral Copulation
between consenting adults when documentation required by the Department of Justice has been accepted as satisfactory.
*****WHEN ARE WE REQUIRED TO REGISTER?
IN PERSON within FIVE Working Days of
1) coming into, or
2) changing our residence (or location, if you don't have a residence) within any
City
County
City and County
or Campus
where you reside, temporarily reside or are located if you don't have a residence.
3) moving to a new jurisdiction in this or another state
4) having a Birthday
5) changing your name
CAUTION:
If you move out of your residence, you MUST--within FIVE working days of doing so --inform the LAST agency with which you have been registered, IN PERSON.
If the move is to a place outside of California, you must also tell the agency IN PERSON of any plans you have to return to California.
If the move is to another residence within the State of California, you must also register there within five working days of your arrival and it would be wise to send written notice to your last registering agency of this new address by Registered or Certified Mail.
If you don't know what your new address is going to be, notify your last agency IN PERSON of your intention to move within five working days of doing so and, when you do have a new residential address, you must send them WRITTEN NOTICE by REGISTERED or CERTIFIED MAIL and register there.
FOREIGN TRAVEL ADVISORY & MOVING TO OTHER COUNTRIES
Similarly, if you are traveling abroad. As of this writing, eight other jurisdictions outside of the United States also have their own sex offender registration laws (England, Ireland, Northern Ireland, Scotland, Wales, Republic of Korea, and parts of Australia and Canada).
Both Ireland and parts of Australia require anyone registered as a convicted sex offender in their home country to also register with them when visiting for more than a few days. Restrictions upon some of your activities as well as the kind of work for which you can apply can be imposed.
For details, contact their embassy or consulate before you go, and don't try and sneak through without registering. With security for all kinds of travelers heightened now, chances are you'd get caught and have to spend time in a foreign jail. Should you happen to be apprehended, ask to be put in touch with the nearest U.S. Consular Office for assistance in finding a local attorney, notifying family and friends back home and/or asking them for assistance, as well as for applying for a pardon or transfer to a U.S. jail.
FOREIGN TRAVEL WARNINGS
It is now a crime to travel to a foreign country and engage in illicit sex there, meaning any kind of sex that is illegal in the United States. See: United States of America v. Clerk, USCA 9th, January 25, 2006 cited as 06 C.D.O.S. 696.
HOMELAND SECURITY CHECKS
Expect to be interrogated upon your return from any travel abroad. Under a new program launched by the U.S. Department of Homeland Security, Customs and Immigration officials may now question you when you land and search your luggage to determine that you are not attempting to bring any child pornography into this country. You may also be questioned as to your past criminal history and whether you have engaged in any criminal activity while abroad. Based upon this writer's personal experience, the best way to handle it is to stay composed, give the shortest, most accurate answer and be prepared to allow officials to look through your luggage if they wish. If you keep your own self-respect and treat the officers with respect, you will find they act professionally and without any discourtesy and will let you go within minutes.
REGISTRATION REQUIREMENTS
One who has one place of residence and then adds a second place of residence has changed their residence within the meaning of this law and has a duty to report this change even though he or she may also maintain his or her first residence. If you have mail coming to this new place, are storing any belongings here and have a bed you are using here, the law says that this is also a second 'residence' even if you are ALSO staying at your regular place some times too.
Example: A man began living PART TIME over at his girl friend's. That's all it took. The court said he had a "second residence" and that he was supposed to have told the police, because that's a "change of residence" under this law. People v. Horn (1998, 5th Dist) 68 Cal App 4th 408, 80 Cal Rptr 2d 310, 415. (West Supp)
Example: Another man kept his regular residence and then also began sleeping overnight at a friend's while working there, and even began moving in some of his goods. That, too, becomes his "second" residence and requires that he also register with police in that community, as well as at his regular one. People v. LeCorno, 03 C.D.O.S. 5154 (filed June 13, 2003)
IF YOU ARE STAYING SOMEWHERE OTHER THAN YOUR REGULAR RESIDENCE--ON A REGULAR AND CONSISTENT BASIS--EVEN IF IT'S NOT FOR FIVE WORKING DAYS OR MORE EVERY TIME, THAT TOO IS CONSIDERED A 'SECOND RESIDENCE' AND REQUIRES REGISTRATION.
TRANSIENTS
For those who are homeless and have no residence with an address at which they regularly reside, including recreational vehicles.
"Residence" means one or more addresses at which a person regularly resides, regardless of the number of days or nights spent there, such as a shelter or structure that can be located by a street address, including, but not limited to, houses, apartment buildings, motels, hotels, homelss shelters and recreational and other vehicles. (Cal.P.C. Sec. 290.011(g))
The law requires that we come in and register every 30 days in the jurisdiction where we are present, including campus police if on a college campus. We must list each place where we:
Sleep
Eat
Work
Frequent
Engage in leisure activities
Upon release from incarceration, placement, commitment or release on probation, even if you have no residence, you must register where you are within 5 working days of your arriving there.
If you then move into a residence--permanently or only temporarily--you must also register there, within 5 working days of your arrival
If you already are registered in a residence and lose your residence without having another to go to, you must register your new location within five working days of arrival there, every 30 days thereafter, and annually within 5 working days of your birthday
If you move from your residence and do not know where your next residence or location will be, tell the last agency at which you registered of your change within five working days of this change.
If you move outside the state, tell your last agency IN PERSON of your plan to do so within 5 working days and give your destination, planned location there and when you plan to return to California if this is known to you.
IF YOU HAVE BEEN DESIGNATED AS A 'SEXUALLY VIOLENT PREDATOR," the law requires that you come in and register your address, place of employment and name and address of your employer every 90 days.
WE ARE ALSO REQUIRED TO REGISTER WHEN:
* we are released on Probation
* granted conditional release without supervised probation
* or are discharged upon payment of a fine
WHAT SHOULD YOU DO IF YOU ARENT SURE IF YOU'RE SUPPOSED TO REGISTER or RE-REGISTER?
As the court has now said, the "purpose" of the registration law is to make certain that those of us convicted of the crimes listed above "be readily available for police surveillance." People v. Annin (2004) 117 Cal.App.4th 591. Whether we like that or not, the court commands that we make certain that law enforcement knows where we are so they can find us if they need to do so. And that is the test they will use to decide whether you should be arrested for failing to be properly registered: Did you let them know where you may be found?
If you aren't sure, ask a lawyer before you make that move, not afterwards.
DUTY OF DISCLOSURE
If you are going to apply for or accept a position as either an employee or volunteer with any Person, Group or Organization where you would be working directly and in an unaccompanied setting with minor children on more than an incidental and occasional basis, or be supervising them or have disciplinary authority over them, the law requires that you TELL THE PERSON OR PEOPLE OFFERING YOU THIS POSITION THAT YOU ARE A REGISTERED SEX OFFENDER. Also if your work would require you to touch the children on more than an incidental basis.
No registrant for a crime where the victim was under sixteen years of age shall be an employer, employee, independent contractor or volunteer with any person, group or organization where they would work in an unaccompanied setting with minors on more than an incidental or occasional basis or have supervisory or disciplinary powers. (Editor's Note: although this still sounds like a very high risk if not dangerous legal situation in which to place yourself.) This does not apply, the Statute says, to a business owner or independent contrator who does not work directly in an unaccompanied setting with minors. Failure to disclose your status as required is a misdemeanor punishable by up to six months in the County Jail or a fine of up to $1,000., or both. (Cal. P.C. Sec. 290.95)
I know that's hard to do, because I've already done it. But the party I told appreciated my doing so and respects me for my honesty, which is a whole lot better than going to jail for failing to tell about my past.
We are also required to tell any community care facility to which we apply for services that we are a registered sex offender, or we're guilty of a misdemeanor. The facility is then permitted to give out that information to various individuals permitted to request it under Health and Safety Code Section 1522.01; however, the law prevents the facility from discriminating against us unless it can show that it is only doing so to protect a child. So, if you have any problems, go to the Constitution page of this site and click on the link that will let you ask the California Attorney General for help.
*****WHAT WE ARE REQUIRED TO PROVIDE WHEN REGISTERING
There is no fee to register or update your registration. (P.C. 290.012(d)
* A Written statement
* Signed by each of us when we finish it
* Giving the information required by the State Department of Justice
* Our Fingerprints
* Letting the registering people take a Photo of us
* The description and license plate number of any vehicle
Owned, registered or regularly driven by you
* Two specimens of blood
* A saliva sample
* A set of right thumbprints, and
* A full palm print impression of each hand.
plus:
* Copies of adequate proof of residence, which can be found on your
California driver's license
and/or California identification card
Recent Rent or Utility Receipt
Personalized checks
Other banking documents (like, your monthly statement) showing your name and address
Or any other information that the registering official believes is reliable. (In other words, cooperate with them and they'll help you if you don't have any of the above items. They have the authority to accept others.)(Cal P.C. 290.015(a)(5)
If you don't have any proof of where you live, you will be allowed to "register," but you will still be required to furnish satisfactory proof within 30 days, or you'll be guilty of a misdemeanor.
What do you do if your landlord won't give you a rent receipt?
Before you go in to register, buy a Money Order at a bank before you pay your next rent, put the name of the hotel or apartment in which you live on it, or the address of your rooming house, if that's where you live, and add the words "rent for" and the period for which you are paying. Make a copy of it at a copy shop and bring it to registration. Again, if you ask them politely, they may accept it.
NOTE: If you also go by OTHER than your legal name or nickname (that is, go by an Alias giving you another identity), you must also register that alias or you have failed to fully register.
RISK ASSESSMENT PROGRAM
Beginning in 2008 and over the next few years, every person required to register will also be required to undergo a state-sponsored assessment as to their potential for re-offending. A statistical program known as Static-99 will be used to take information such as your age, prior sex offenses, education, occupation and relationship history, among others. Comparing them to these same characteristics in people who have re-offended, you will be placed in a statistical group that is given a risk score from low to high on a scale chosen by the program's administrators. State officials with whom I spoke said the scores will not be posted on the state's website.
Those who get high scores will probably get more attention from police and when on probation or parole. Those with lower scores will not be seen as needing that much attention.
Life insurance companies use this same method to predict how many people in various kinds of groups may be expected to pass away each year--although it cannot tell them WHICH members will do so, but only how many. Similarly here: this program can estimate how many members of a group will re-offend, but it cannot identify which members those will be. But if you knew that you were in a high risk group for dying, you might use that information to adopt a healthier lifestyle. Likewise, if you knew you were in a group with a high risk of re-offending, you might choose to become even more careful so that you did not re-offend.
A score is only an estimate. Whether it becomes real remains up to us.
PENALTIES
A violation of this law can be alleged as a "strike" under 'Three Strike' Laws that can return you to prison for life. See: California Penal Code Sections 667 and 1170.2 for details. Or, your past conviction can be made into a strike to increase the normal punishment for not being registered. People v. Tillman (App 1 Dist 1999) 73 CalApp4th771, 86 Cal.Rptr.2d 715, rehrng denied, review denied. (West's Cum. Supp. 2001)
Where a violation is not alleged as a "strike," the following are the normal penalties for violating ANY part of the Registration Law:
By anyone required to register because of a Misdemeanor:
jail for up to one year, the first time;
State Prison for up to 3 years thereafter.
By anyone required to register because of a Felony:
State Prison for up to 3 years
(Although probation can granted or imposition or execution of the sentence suspended, you will still have to serve a MINIMUM of 90 days in the County Jail.)
By anyone required to register for being a Mentally Disturbed Sex Offender, or found Not Guilty by Reason of Insanity:
County jail for up to one year, the first time
State Prison for up to 3 years thereafter
By anyone designated as a Sexually Violent Predator who fails to verify their registration every 90 days:
state prison or county jail up to one year
By anyone required to update registration every 30 days who fails to do so:
up to six months in County Jail
By anyone on Parole or Probation who fails to register:
revocation of your probation or parole
If the violation of this Statute occurs after a person has been discharged from parole and the person is convicted of a felony or suffers juvenile adjudication, they must complete parole of at least one year in addition to any other punishment imposed under this section, with probation granted only in unusual cases.
Failure to supply proof of residence is punishable as a misdemenaor with county jail confinement for up to six months
Failure to provide the information required by the form issued by the Department of Justice, or providing false information is punishable by up to one year in the county jail. (290.018(j))
Any person who willfully violates any part of the Act is guilty of a continuing offense. No Statute of Limitations will save you. If you fail to register or stay registered, they can punish you whenever you're caught, even years later. It doesn't go away. I've spoken to fugitives and they've told me it's a dog's life: you can't trust anybody, stay in one place very long, and you're always worrying about that midnight knock on your door. Getting an attorney and negotiating your return makes a lot more sense: you can have a life again and heal the love that's been damaged.
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