It is illegal for you as an adult to engage in consensual sexual intercourse with juveniles aged 14 to 17. Legally, the law considers these minors unable to consent to the act, which is why you risk statutory rape counts. A guilty verdict will attract prison incarceration and the payment of hefty fines. Also, the judge will impose the obligation to register or list you as a sexual predator. The registration details are then uploaded to the Megan’s Law site, where the public and law enforcement can be notified and stay alert when a sex offender is in the neighborhood.

The obligation to register gives the public and authorities the critical information they need about the offender and the conviction. The statute of sex offender registration has undergone several amendments to accommodate the LGBTQ community. So, if you belong to the community, you must understand your sex offender legislation, the effects of the amendments, and how to safeguard your rights.

California’s Sex Offender Statute at a Glance

California sex offenses attract the harshest disabilities. The reason for the severe penalties is the violation of the victim’s dignity. Per PEN 290, you must enlist with Megan’s Law site if the court finds you guilty of a sex crime or sexually motivated offense.

“Registration” under this statute means keeping the local police updated with your whereabouts if you live, work, or attend school in California. You do this to alert everyone, including law enforcement, that a sex predator is nearby.

On January 1, 2021, Senate Bill (SB) 384 replaced the obligation for sex predators to register for a lifetime with a three-tiered registration system. The tiers hinge on the sex crime you have been convicted of.

When the judge convicts you of a low-level sex crime like misdemeanor sexual battery, the judge imposes the condition to enlist as a tier 1 sexual predator. The requirement lasts ten years and begins to accrue when you complete your jail or prison sentence.

The court will order you to register as a level two offender if you have been found guilty of a mid-level crime like a lascivious act with a juvenile younger than 14 or voluntary sodomy involving a juvenile below 14. The duration of registration under this tier is twenty years.

Lastly, when the court convicts you of a severe sex crime like sex trafficking of minors, sex offenses against children below ten years, or you are a repeat sex offender, you enlist under the third tier. Here, the obligation to enroll as a sexual predator lasts a lifetime.

You should be aware that if a judge thinks your actions were motivated by sexual compulsion or gratification, they can impose this obligation even if your offense is not listed under the sex offender legislation.

It is sad for the court to convict you of a sex crime with an obligation to enlist in the sex offenders’ registry. However, if it happens, it is critical to understand your responsibilities and the steps you must take to satisfy these conditions. The best person to explain your expectations and requirements after registering as a sex predator is a sex crimes defense lawyer.

Sex Offender Legislation and the LGBTQ Group

California is the most open-minded state nationwide regarding the rights it accords to LGBTQ community members. LGBTQ gained extensive recognition in the 1970s, and in 1976, it became legal for individuals of the same sex to have relationships. Nevertheless, the public did not spare group bias, forcing many members to maintain their relationship secrets and stay silent about their sexual orientation. 

The California legislature recognized the prejudice the LGBTQ group faced from the public and enacted anti-discrimination legislation in 2003. The enactment criminalized discrimination against people because of their gender identity, gender manifestation, and sexual desires. After the law's passage, transgender people were officially given the green light to alter their legal sexual identity on formal papers without requiring medical care. Today, a minor will not need a mental health professional’s guidance to undertake conversion therapy.

California statutes have undergone several amendments to incorporate the LGBTQ group. For instance, in September 2021, Gavin Newsom, the California governor, adopted a new bill to update a former piece of legislation that gave judges the discretion to pinpoint particular defendants as sex predators if they were convicted of participating in voluntary anal or oral sex with underage individuals over 14. The law grants this judicial discretion under statutory rape when a man engages in sexual activity with an underage 14 to 17. Nevertheless, it does not criminalize an adult engaging in consensual or voluntary oral or anal contact with a juvenile.

The former statutory rape legislation primarily targeted male sex offenders who engaged in vaginal intercourse with female minors aged 14 to 17. Many deemed it discriminatory against young LGBTQ persons who participate in sexual relations with children with a close age gap by imposing the obligation to enlist as sexual offenders when heterosexuals under the same circumstances were not ordered to register. The legislation has a lot of controversy because of the ten-year gap it permits in these situations.

The former legislation has faced much criticism from opponents who claim it protects pedophiles, irrespective of whom it affects. The legislation is deemed to have been created in circumstances where two adolescents are in a sexual relationship and one attains the age of legal consent earlier than the other. The statute’s opponents claim older persons who have reached the legal age of 18 and have had sexual intercourse with juveniles for at least fourteen years should also face prosecution.

Initial Sex Predator Legislation Provisions

The sex predator or offender legislation has been in existence for decades and gives the judge the discretion to rule on whether a man must enlist as a sexual predator when they engage in consensual vaginal intercourse with a lady aged fourteen to seventeen, and the two have an age gap of at most ten years. The minimum legal age in the state is eighteen, and any adult who engages in sexual intercourse with someone below this age of legal consent violates the statutory rape legislation. These provisions of the older legislation remain unchanged. However, the sex predator registration requirement has been affected by the latest amendments. If the court orders you, as an adult, to enlist with Megan’s Law Site, it is for life.

The Legislation

The former sex offender bill changed after the passage of SB 145. In the new amendments, the minimum legal consent age and the law remain unchanged when a sex offense is committed against a juvenile 13 or younger. The amendments only make the statute's provisions inclusive or applicable to vaginal, anal, and oral sex, not vaginal sex only as it was initially.

The new provisions allow the court to punish homosexuals who participate in sexual behavior with juveniles whose age disparity does not exceed ten years. Previously, these offenders could automatically have been ordered to enlist as sexual predators. However, under the new legislation, courts and district attorneys have the discretion to review cases of voluntary sexual relations between youngsters individually, notwithstanding their sexual desires.

The new legislation is still being debated because of its controversial nature. Nevertheless, some groups lauded the amendments. Those supporting the modifications assert that if California is for all citizens, irrespective of their physical appearance, the people they love, or their identity, then the legislature and the justice system must treat all Californians impartially and equally. The amendment's objective is to protect adolescents from sexual activities to which they cannot legally consent. So, it must safeguard them from any party, regardless of their gender, who attempts to target the teenagers’ innocence.

Nevertheless, the critics of the amendments assert that the age disparity of ten years mandated for the sexual predator and their victim is too tolerant. If no further amendments are made, predatory conduct will go scot-free. Most believe the offense should be registrable.

The legislation's goal is not to make it easy for offenders convicted of sex offenses to slip through the justice system. Instead, the point of the bill is to bridge the gap in a complex situation. Therefore, it is essential to understand that no case of statutory rape will go without punishment. The court and DA will analyze each case's unique circumstances, and those who engage in sex offenses against juveniles will receive the appropriate punishment.

Expectations After the Fresh Changes

With the changes brought about by the SB 145 enactment, judges have the pleasure to rule on whether an adult convicted of vaginal sexual activity with a child should enlist under Megan’s Law as a sexual predator if the teenager is at least 14 years old and the adult at most ten years older.

Before the amendments, adults found guilty of oral, vaginal, and anal sex with a minor under the same circumstances would automatically register as sex predators. The enactment of the new propositions eliminated the automatic obligation to enlist as a sexual predator and gave judges the chance to decide. The new legislation included voluntary unions among same-sex young people when one has attained the age of consent and the other is a minor.

The changes consider the various forms of relationships young people enjoy today, including homosexuals and heterosexuals. It sounds ridiculous to demand homosexuals or gay persons automatically enlist with the sexual predator registry after participating in voluntary or consensual sexual conduct with an underage party. The initial legislation appeared biased against LGBTQ members because it gave judges the discretion to determine sex offender registration in cases concerning vaginal sex and not oral or anal sexual relations.

For instance, consider a situation where a 22-year-old man is involved in vaginal sex with a minor of fifteen years. This is a charge of statutory rape. Nevertheless, under the old provisions, the court had the discretion to rule on whether the offense was registerable if the sex offender was convicted. Despite the sex being consensual, the magistrate would automatically impose the sex predator registration obligation on the adult convict if they were guilty of engaging in voluntary oral or anal sex with a fifteen-year-old minor. 

With the fresh changes, the judge must review each of these cases individually and decide whether the sexual conduct merits the additional punishment of sex predator registration. Nevertheless, the new legislation does not change the obligation that anyone who engages in sexual relations with a minor 14 or younger must register with Megan’s Law site.

The duty to be listed as a sexual predator is life-altering. The following details are available to the public through Megan’s Law site:

  • Your name.
  • Identifying details like tattoos, eye color, height or weight, and aliases.
  • The offense resulting in PEN 290 sex predator registration.
  • Conviction duration.
  • Year of discharge from commitment or incarceration.

Whether your address will be visible on the website depends on the sex offense you were convicted of and your criminal record for prior sex offenses.

With all these details visible to the public, you will experience social stigma, and your career and reputation will take a hit.

When employers run background checks and come across your name on Megan’s Law site, they will discriminate against you because of your record, even when you satisfy all job requirements. Property managers and landlords can also deny you lease agreements. The disabilities of a sex offense conviction or registration are severe. Therefore, whenever you face counts for a sexually motivated violation, you should hire an experienced criminal lawyer to prevent a guilty verdict or for a charge reduction to avoid the obligation to register.

Exceptions that Enable Removal from the Sex Predator List

A few options are available to help you clear your name from the sex predator or offender list. One of the options is the application for a rehabilitation certificate. Obtaining the certificate relieves you of the obligation to register under PEN 290.

You can apply for the certificate seven to ten years after discharge from prison or parole. The conditions you must satisfy are:

  • The court must have granted you an expunction.
  • You must not have served time in jail or prison after being discharged for a sex offense.
  • You must not be serving probation for another felony offense.
  • You can show that you have been living in California within five years of your application.

Check with your defense lawyer to see if you are eligible for a rehabilitation certificate.

Another way you can remove your name from the list of sexual predators before the expiration of the registration period is through a governor’s pardon. You can obtain this relief if you have satisfied all the registration requirements by the time of application and have not broken the law.

The last option is only for sex offenders registered under tiers one and two. Authorities can lower the registration duration for level-one sexual predators from 15 to 10 years if they have no criminal record.

Sex offenders forced to register because of a sustained petition for juvenile delinquency can have their registration revoked if they have retained a clean criminal record for twenty-five years and have no fresh convictions.

Maintaining a clean criminal record for a sex predator means:

  • You have never been convicted for an offense whose penalties involve over twelve months of incarceration.
  • You have not been convicted of a sex-related crime, irrespective of the penalties.
  • You have maintained good behavior throughout your parole or probation.
  • You have enrolled and completed court-imposed therapy programs sanctioned by the local authorities or attorney general.

Registration Duties

The conditions of your registration vary based on whether you are relocating or transient and whether you are admitted to or working at a higher learning institution within the state.

When moving or relocating, you must inform the police of the new address within five working days. Besides, you must report the two addresses if you regularly live in two places. You must register each address with the local authorities if the homes are in different cities.

If you have no permanent residence or live as a transient, you must inform the local police in the locality where you live at the moment every 30 days. If, after the registration, you have not resided in one place for over five days, you must inform the local police in the area you are physically in on the fifth working day after the court has ordered you to fulfill your registration obligation.

Lastly, if you are leaving the state, you must notify the local police in your locality within five days of the relocation. You must tell the authorities where you are moving and whether you will return to California.

Find a Skilled Sex Crimes Lawyer Near Me

A conviction for a sex offense can be accompanied by an additional sentence requiring you to enter your details on Megan’s Law site. However, the judge’s decision depends on your case’s unique circumstances. You should stay up-to-date with the latest amendments to the sex offender registration statute, mainly if you are a member of the LGBTQ community, to understand the implications of the changes to your sentence.

The best way to stay updated is by hiring a lawyer. At the Los Angeles Criminal Lawyer, we can contest the underlying sex offense and the obligation to enlist with the sex predator registry for a fair outcome. Contact us today at 310-502-1314 to discuss your case.