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Sex Crimes

Sex Offender registration – Light at the end of the Tunnel?

California is only one of 4 states that have lifetime sex offender registration for any offense in which you are required to register. While there are a few very limited offenses for which it is possible to be relieved of the duty to register, the vast majority of sex offenses are specifically excluded from any relief by Penal Code section…

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US Supreme Court Rules Satellite Monitoring Constitutes a Search for Sex Offenders

The United States Supreme Court in Grady v North Carolina, held on March 30, 2015 that the North Carolina’s satellite-based monitoring program (the equivalent of California’s GPS system) of sex offenders constitutes a search under the Fourth Amendment. They remanded the case back to the state court to determine whether this search was unreasonable. What does this mean for sex offenders…

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Hofsheier Overruled. What is the impact of persons who have been relieved of their duty to register under Penal Code section 290?

Penal Code section 290 requires mandatory lifetime sex offender registration for persons convicted of most sex offenses including oral copulation with a person under 18, digital penetration with a person under 18 and other “consensual” conduct with persons between the age of 16 and 18. However, sexual intercourse with a person under 18 (commonly known as statutory rape) does not…

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California Supreme Court Addresses Jessica’s Law Proposition 83

Jessica’s Law California The California Supreme Court ruled on two cases involving the 2000 foot residency restrictions imposed by Jessica’s law (Proposition 83.) The purpose of Jessica’s Law is to keep sex offenders away from children. Both of these opinions were authored by Justice Baxter. However, in my view, the opinions are difficult to reconcile but seem to hinge on…

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