Sex Offender Laws Require "Actual Knowledge" of Registration Requirement - California Penal Code Section 290
If you have been previously convicted of a “registerable” offense (an offense listed in Penal Code section 290) in California, then you must register as a sex offender. Additionally, even if the offense you committed is not listed in Penal Code section 290, the judge can still require you to register as a sex offender if the judge determines that the offense you committed was sexually motivated. Once you are required to register as a sex offender, you must do so for life. If you fail to register as required by law, you will be charged in a separate felony case with failing to register as a sex offender in California.
Failure to register as a sex offender is a serious crime. California’s sex offender registration laws are very complex and failure to follow them could lead to a new felony case. But, in order to be convicted of failure to register as a sex offender, the prosecution must show that you had “actual knowledge” of the duty to register. There are many ways prosecutors can show that you had “actual knowledge” of the duty to register. It is thus critical to hire a criminal defense attorney with experience handling these cases. Your attorney can aggressively fight the charges and show that your failure to register was not illegal because you did not have actual knowledge of the registration requirement.