July 26, 2012 By Wallin & Klarich

A recent report indicated that as many as 25% of registered sex offenders in some states are finding ways to avoid the strict requirements of California Sex Offender Registration Act Penal Code 290 by obtaining false identifications. The techniques they are using are similar to others who illegally obtain false identities.

This is a particularly serious problem. Those that are required to register as sex offenders have been convicted of crimes that require sex registration. A sexual registration in California, per Penal Code Section 290, comes along with many specific requirements and constraints designed to protect society from the person offending in the future. Often, these constraints require the registered sex offenders to live a substantial distance from schools or parks. Some PC 290 registrants cannot live with any minors or be alone with minors at any time unsupervised. Many registrants are required to wear GPS devices, so police agencies can monitor their whereabouts. If sex offenders, who must register per PC 290, are finding ways to avoid all of these consequences by obtaining fake identifications, they are defeating all of the safety protections of the law.

So long as there are criminal elements in our society who are willing to make some fast money by providing sex registrants with fake identifications, our society will continue to have a problem. One possible solution would be to require all sex offenders to have a GPS device attached to them at all times. In this way they would not be able to “alter their identity” to avoid being located due to the GPS. However, some lower level sex offenders will argue that it is unfair for them to carry the burden of having a GPS device affixed to their person at all times.

This is a very difficult issue, and we would appreciate your comments on this.

For over 30 years, Wallin & Klarich has been helping people facing legal issues in Orange, Los Angeles, San Bernardino, Riverside, and Ventura Counties for over 30 years. If you are facing any criminal or family related issue, please call us today at 888-280-6839.

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