Can a convicted sex offender who is caught in a sting operation avoid having to register as a sex offender?

California, United States of America


The following excerpt is from People v. Patel, A129373 (Cal. App. 2011):

Similarly, in People v. Singh (2011) 198 Cal.App.4th 364, the defendant was captured in a sting operation and was convicted of attempting to commit a section 288, subdivision (a) offense. On appeal he argued the court violated his equal protection rights when it required him to register as a sex offender. The Singh court disagreed, "Singh has not met his threshold burden of showing "'that the state has adopted a classification that affects two or more similarly situated groups in an unequal manner."' [Citation.] Despite his contentions, Singh is not similarly situated to offenders convicted under section 261.5, 288a(b)(1) or 289(h) because those provisions are not limited to children under the age of 14 and are general intent offenses. Accordingly, Singh's equal protection argument fails." (Id. at p. 371.)

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