What is the test for making a finding under section 290.006 of the California Sex Offences Act?

California, United States of America


The following excerpt is from People v. Richardson, C074870 (Cal. App. 2015):

In making the findings required under section 290.006, the trial court must engage in a two-step process: "(1) it must find whether the offense was committed as a result of sexual compulsion or for purposes of sexual gratification, and state the reasons for these findings; and (2) it must state the reasons for requiring lifetime registration as a sex offender. 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 in Johnson v. Department of Justice (2015) 60 Cal.4th 871, 875.)

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