SB 384: Sex Registration Tier List
Starting January 1, 2021, California replaced California’s previous laws regarding Sex Registration. Prior to 2021, a person convicted of a Sex Offense requiring Registration was required to register for life. Now, the registration is broken down into a three-tiered system. The law can be found here:
- Tier 1: The first tier requires registration as a sex offender for at least ten years. This is for people convicted of the lowest level sex offenses including misdemeanor sexual battery, possession of child pornography, and indecent exposure, among others.
- Tier 2: The second tier requires registration as a sex offender for at least twenty years. This is for people convicted of mid-level sex offenses including lewd acts with a minor, incest, and oral copulation.
- Tier 3: The third and final tier requires lifetime registration as a sex offender. This is for people convicted of the most serious sex offenses including rape, forced sex acts, and felony possession of child pornography.
Examples of Crimes that fall into each Tier
Tier 1:
PC 243.4 (as a misdemeanor, or a felony sexual battery of a disabled victim)
PC 287 (as a misdemeanor)
PC 288.4 (as a misdemeanor)
PC 311.1 (as a misdemeanor)
PC 311.11 (as a misdemeanor)
PC 314 (as a misdemeanor)
PC 647.6 (only on first-time offenders)
Tier 2:
PC 261 (if the victim is at least 18 and unable to consent due to a mental disorder)
PC 286 (if the victim is at least 18 and unable to consent due to a mental disorder, or if it involved a minor under 14 who is also more than 10 years younger than the Defendant)
PC 287 (if the victim is at least 18 and unable to consent due to a mental disorder, or if it involved a minor under 14 who is also more than 10 years younger than the Defendant)
PC 289 (if the victim is unable to consent due to a mental disorder, or if done if the act is done against the victim’s will by threatening future harm against another person)
PC 647.6 (if it is the second or subsequent offense)
Tier 3:
PC 187 (if committed during a specified sex act)
PC 207 (if done during the commission of a specified sex act)
PC 236.1(b) or (c)
PC 243.4 (as a felony not described above)
PC 261 (all cases not mentioned above)
PC 286 (when acting in concert with another or when the victim cannot resist based on intoxication)
PC 288(a) (with multiple victims)
PC 288(c)(1) (if Defendant is at least 10 years older than the child, or is the caretaker)
PC 286 (with force)
PC 287 (with force, or if the victim is unconscious or intoxicated)
PC 288.4 (as a felony)
PC 289 (with force, or when the victim is under 14 and Defendant is 10 or more years older)
PC 311.1 (as a felony)
PC 311.11 (as a felony)
PC 311.3 (as a felony)
PC 311.4 (as a felony)
PC 311.10 (as a felony)
This is not an exhaustive list of every charge but is the most commonly prosecuted and charged in California.
What does this mean for me?
Due to recent legal changes, individuals who were previously required to register as sex offenders for life can now undergo a reclassification process based on their assigned tier. Although specific guidelines are yet to be established, it is anticipated that this information will be made available by summer (July) of 2021. The objective is to enable individuals to cease registration under PC 290 by demonstrating eligibility for a lower tier, as the time for mandatory registration has elapsed.
Furthermore, it is worth noting that certain charges may be categorized into different tiers based on whether they are misdemeanor or felony offenses. This presents a significant advantage, as individuals who receive a felony sentence not requiring state prison can proactively seek reclassification by having their charge reduced to a misdemeanor. For instance, someone classified as a Tier 3 registrant with lifelong registration can potentially become a Tier 1 registrant with a registration period of 10 years. This transformative possibility holds immense implications for individuals in the future.
Additionally, it is essential to emphasize that this law applies retroactively, making its impact relevant to all cases regardless of their age, from those that date back 40 years to recent offenses. The tier system will be applied accordingly in a fair and just manner.
Call Today
Navigating the complexities of legal amendments, especially those affecting PC 290 registration, requires the keen insight of an expert. As laws evolve, they present fresh opportunities for individuals burdened by past convictions, potentially offering them a path to reclaim their lives. Recognizing these changes and leveraging them for your benefit can be the turning point in your journey.
At Inland Empire Criminal Defense, our team is well-versed in the nuances of sex crime laws, ensuring that you are not only informed but also empowered. Our dedication to your cause means we’re always available to answer questions, address concerns, and strategize the best course of action tailored to your circumstances.
Start with our complimentary initial consultation. Let’s explore together how the changing landscape of the law can open doors for you. Contact Inland Empire Criminal Defense today at 909-281-0465. Conveniently situated in Ontario, CA, we’re ready to assist you in charting a brighter future.
