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Fifty State Survey of Adult Sex Offender Registration Requirements ...

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<strong>Fifty</strong> <strong>State</strong> <strong>Survey</strong> <strong>of</strong> <strong>Adult</strong> <strong>Sex</strong> <strong>Offender</strong> <strong>Registration</strong> <strong>Requirements</strong><br />

NIC/WCL Project on Addressing Prison Rape<br />

Registrable Offenses Cont’d<br />

(California)<br />

<br />

sodomy, or oral copulation, provided that the <strong>of</strong>fender notifies the Dept. <strong>of</strong> Justice that the sodomy or oral<br />

copulation was between consenting adults and the Dept. is able to verify that fact.<br />

Any person convicted in any state, federal or military court <strong>of</strong> any <strong>of</strong>fense that, if committed or attempted<br />

in California, would have been punishable as one or more <strong>of</strong> the <strong>of</strong>fenses above.<br />

<strong>Sex</strong> <strong>Offender</strong> <strong>Registration</strong><br />

Required for Staff <strong>Sex</strong>ual<br />

Misconduct?<br />

(California)<br />

NO.<br />

A violation <strong>of</strong> CAL. PENAL CODE § 289.6, is not one <strong>of</strong> the enumerated <strong>of</strong>fenses listed under section 290 and thus<br />

does not require mandatory registration. However, pursuant to CAL. PENAL CODE § 290.006, a subject can be<br />

ordered by the court to register as a sex <strong>of</strong>fender for an <strong>of</strong>fense that is not listed under section 290.<br />

Information Maintained in<br />

<strong>Sex</strong> <strong>Offender</strong> Registry<br />

(California)<br />

CAL. PENAL CODE § 290.015 (West 2010)<br />

(a) A person who is subject to the Act shall register, or reregister if the person has previously registered, upon<br />

release from incarceration, placement, commitment, or release on probation pursuant to subdivision (b) <strong>of</strong> Section<br />

290. This section shall not apply to a person who is incarcerated for less than 30 days if he or she has registered as<br />

required by the Act, he or she returns after incarceration to the last registered address, and the annual update <strong>of</strong><br />

registration that is required to occur within five working days <strong>of</strong> his or her birthday, pursuant to subdivision (a) <strong>of</strong><br />

Section 290.012, did not fall within that incarceration period. The registration shall consist <strong>of</strong> all <strong>of</strong> the following:<br />

(1) A statement in writing signed by the person, giving information as shall be required by the Department<br />

<strong>of</strong> Justice and giving the name and address <strong>of</strong> the person's employer, and the address <strong>of</strong> the person's place<br />

<strong>of</strong> employment if that is different from the employer's main address.<br />

(2) The fingerprints and a current photograph <strong>of</strong> the person taken by the registering <strong>of</strong>ficial.<br />

(3) The license plate number <strong>of</strong> any vehicle owned by, regularly driven by, or registered in the name <strong>of</strong> the<br />

person.<br />

(4) Notice to the person that, in addition to the requirements <strong>of</strong> the Act, he or she may have a duty to<br />

register in any other state where he or she may relocate.<br />

** Denotes those states where sex <strong>of</strong>fender registration is required for convictions under the staff sexual misconduct laws <strong>of</strong> the states. Staff and<br />

inmates could also be required to register as sex <strong>of</strong>fenders if the <strong>of</strong>fense were charged under other registrable <strong>of</strong>fenses.<br />

This publication is developed by the NIC/WCL Project on Addressing Prison Rape under NIC Cooperative Agreement 06S20GJJ1.<br />

This is not to be posted or reproduced without permission from the authors.<br />

American University, Washington College <strong>of</strong> Law<br />

Current as <strong>of</strong> November 2010<br />

24

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