What is the test for a defendant to be found guilty of failing to register under section 290 of the California Penal Code?
California, United States of America
The following excerpt is from People v. Bennett, B252007 (Cal. App. 2015):
Here, the trial court instructed that the People had to prove defendant "actually knew he had a duty under Penal Code section 290 to register" and that "defendant willfully failed to register . . . ." (CALJIC No. 1170.) Thus, the jury was properly instructed that violation of section 290 required proof the defendant "actually knew" of his duty to register and that he "willfully failed" to register. (See People v. Jackson (2003) 109 Cal.App.4th 1625, 1634.)
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