Do Rapists Have To Register?

California criminal convictions frequently result in the imposition of penalties such every bit jail or prison house time, fines, probation, license pause, and community service. However, sex crimes are unique in that, for many offenses, bedevilled offenders are as well required to register as sexual practice offenders. Our Ventura sex crime attorneys explain whether yous must register as a sex offender if you lot are convicted of rape under Cal. Penal Code § 261.

California Rape, Spousal Rape, and Statutory Rape Statutes

In California, suspected acts of rape are prosecuted under Cal. Penal Lawmaking § 261, which is explained in detail in our commodity on California rape laws. This statute defines rape as "an deed of sexual intercourse accomplished with a person [other than] the spouse of the perpetrator" nether non-consensual circumstances, including just non limited to using strength, interim against an unconscious person, or preventing resistance with drugs or booze.

Cal. Penal Code § 261 applies specifically to cases involving adults, other than the defendant's spouse. There are also two other common types of rape charges under California'southward criminal lawmaking:

Rape committed against ane's spouse, which is called marital rape or spousal rape, and which is prosecuted under Cal. Penal Lawmaking § 262.
Statutory rape, which is also called "unlawful sexual intercourse with a minor" and which involves sexual intercourse with persons nether the age of xviii. In California, statutory rape is prosecuted under Cal. Penal Code § 261.5.

Which Crimes Require You to Annals as a Sex Offender in California?

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An criminal offense for which the bedevilled individual must annals as a sex activity offender – a requirement of California'southward Megan's Law, which was passed past the Legislature in 2004 – is known every bit a "registrable sexual offense." All of the post-obit are registrable sex offenses in California:

Assault with intent to commit rape (Cal. Penal Code § 220(a)(one))
Assault with intent to commit rape during a burglary (Cal. Penal Code § 220(b))
Kidnapping to commit rape or spousal rape (Cal. Penal Code § 209(b)(1))
Murder "which is committed in the perpetration of, or attempt to perpetrate" rape (Cal. Penal Code § 189)
Rape (Cal. Penal Code § 261)
Spousal rape by strength or fearfulness (Cal. Penal Code § 262(a)(1))

If y'all are convicted of any of the offenses on the list to a higher place, yous will be required to annals as a sex offender. These offenses are enumerated under Cal. Penal Code § 290(c). You lot can besides view a total list through the California Country Assembly.

Unlike rape and spousal rape, statutory rape is not currently a registerable offense in the country of California. However, there are several related offenses involving sexual acts with children and minors for which registration is mandatory. These offenses include, but are non limited to, the post-obit:

Continuous sexual abuse of a kid (Cal. Penal Lawmaking § 288.5(a))
Enticing a minor female for prostitution (Cal. Penal Lawmaking § 266)
Lewd or lascivious acts with a child under 14 (Cal. Penal Code § 288(a))
Lewd or lascivious acts with a child 14 or xv years old (Cal. Penal Code § 288(c))

Other sexual activity offenses which require registration every bit a sex offender in California include:

Sexual bombardment (Cal. Penal Lawmaking § 243.four)
Sodomy (Cal. Penal Code § 286(a))

Mandatory registration equally a sex offender is a dreaded penalty, for expert reason. Not only does registration bear on major aspects of your daily life, it tin too have greatly negative effects on your relationships with friends, family members, romantic partners, and others, irreversibly altering the way your peers and loved ones perceive yous.

Moreover, failure to register every bit a sex offender is a criminal criminal offence in California. If the underlying sex activity crime was a misdemeanor, failure to register is besides a misdemeanor, subject to a jail sentence of up to one year. If the underlying law-breaking was a felony, or if yous have previously been convicted of a sex offense, the failure to register is a felony.

Ventura Sex Crime Defence force Attorneys Handling Sexual Assault Cases

Being accused of committing a sex crime is a devastating and deeply isolating experience. Yous may experience lost and overwhelmed right now, but know that an aggressive, knowledgeable, and experienced Ventura criminal defense lawyer is hither to counsel and defend you at every phase of your case.

If were accused of rape, spousal rape, statutory rape, sexual battery, sodomy, or other sex crimes in Ventura Canton or Santa Barbara County, the renowned legal team at Bamieh & De Smeth can provide immediate assistance. We have over 22 years of experience handling felony sex offenses in California, and know what sorts of defense strategies to use in these complex cases. For a gratis and completely confidential legal consultation, telephone call The Police force Offices of Bamieh & De Smeth, PLC at (805) 643-5555.