California, United States of America
The following excerpt is from People v. Volosin, C079102 (Cal. App. 2016):
Certain offenses are subject to mandatory sex offender registration (unlawful sexual intercourse, 261.5, is not included). ( 290, subd. (c).) But under section 290.006, a court may order registration for any offense if it finds the defendant "committed the offense as a result of sexual compulsion or for purposes of sexual gratification." The court must also state on the record the reasons for its findings and the reasons for requiring registration. (Ibid.) "By requiring a separate statement of reasons for requiring registration even if the trial court finds the offense was committed as a result of sexual compulsion or for purposes of sexual gratification, the statute gives the trial court discretion to weigh the reasons for and against registration in each particular case." (People v. Hofsheier (2006) 37 Cal.4th 1185, 1197, overruled on other grounds by Johnson v. Department of Justice (2015) 60 Cal.4th 871, 888, referencing prior statute.)
Here, the trial court's exercise of discretion comported with section 290.006's requirements. Defendant offers no authority to support his assertion that sexual gratification must be the offense's primary purpose. If sexual gratification is a clear purpose in committing the underlying offense and the court finds sufficient reasons to require registration, we see no reason why sexual gratification must be the primary reason -- particularly because sexually motivated offenses may encompass competing objectives. (See, e.g., People v. Olea (1997) 59 Cal.App.4th 1289, 1294 [the defendant committed a series of sexually motivated burglaries].) And defendant's proffered scenario gives us no reason to find error here where the offense is unlawful sexual intercourse.
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