Does a defendant have to register as a sex offender even if he was not convicted of a sexual offence?
California, United States of America
The following excerpt is from People v. Fernandez, D067551 (Cal. App. 2016):
Moreover, for purposes of sex offender registration, "discretionary registration does not depend on the specific crime of which a defendant was convicted. Instead, the trial court may require a defendant to register under section [290.006] even if the defendant was not convicted of a sexual offense." (People v. Hofsheier (2006) 37 Cal.4th 1185, 1197-1198 (Hofsheier),6 citing People v. Olea (1997) 59 Cal.App.4th 1289 (Olea).)
Page 14
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence? (California, United States of America)
What is the factual and procedural background to a motion of appeal against the conviction of defendant in the case of defendant's sexual assault conviction? (California, United States of America)
Does a defendant have to register as a sex offender because of a prior sexual assault conviction? (California, United States of America)
When a defendant is convicted of a secondary offence while he was out on bail for a primary offence, can he be punished for his secondary offence? (California, United States of America)
Is there any case law where a defendant has been charged with a sexual offence committed by another defendant as a result of his past sexual conduct? (California, United States of America)
When a defendant is accused of a sexual offence in a criminal action in which he is also accused of another sexual offence, is evidence of his disposition to commit such crimes considered to be inadmissible under California Evidence Code section 1108? (California, United States of America)
What is the test for using evidence of a defendant's guilt in one sexual offence to prove his propensity to commit another sexual offence? (California, United States of America)
In assessing the sufficiency of the evidence to support a conviction, what is the test for a jury to convict a defendant of sexual assault? (California, United States of America)
Can a convicted sex offender be sentenced to life imprisonment under section 667.67.51, subdivision (c) of the California Penal Code for a conviction of lewd or lascivious acts and finding of two prior convictions within the meaning of Section 67.51? (California, United States of America)
Can a defendant avoid having to register as a sex offender by pleading guilty to a charge of sexual assault? (California, United States of America)
