Failure to Register as a Sex Offender Penal Code 290

Failure to Register as a Sex Offender – PC 290 Penal Code is charged in cases where someone was required to register as a sex offender, and then did not do so, or did not do so continuously, as required.

Megan’s Law, which was passed in the 1990s, also known as the California Sex Offender Registration Act, requires individuals who are convicted of certain sex offenses, from indecent exposure up to child molestation or rape, or any other sex related crimes,  to register each year, on their birthday, (or within 5 days of their birthday) with local law enforcement, and advise law enforcement each time they move their residence.  That became the law known as Penal Code 290, or PC 290.

Failure to register as a sex offender – PC 290 Penal Code is a misdemeanor, if the underlying offense was a misdemeanor, or would be a felony if the underlying offense was a felony.  It can also be a felony if you have any priors for failure to register, which make that a felony offense by law.

Failure to Register as a Sex Offender Penal Code 290

The elements of the crime of failure to register under PC 290 that must be proven are:

1. You have been convicted of a California sex crime for which registration is required under Penal Code 290(c)
2. You resided in California;
3. You knew you had a duty to register as a sex offender; and
4. You willfully failed to register or update your registration as required by Megan’s Law.

Registration is only required whenever you live, work, or attend school in California.  There has been much discussion about whether or not someone who travels in and out of the state or country needs to register.  Our interpretation of the law is that, as long as you live out of state, you would not need to notify the law enforcement agency where you last resided, and you would definitely need to register again with local law enforcement within five days of your birthday if you return to the United States, wherever within the USA you end up.

Defenses to failure to register as a Sex Offender

Defenses include no notification or knowledge of the requirement, or that the offense you were convicted of didn’t require you to register, or you did not reside in California, or that you did not willfully fail to register your residence.

Under criminal jury instruction 1170,  “Someone commits an act willfully when he or she does it willingly or on purpose.”

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