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Submitted by USA on 2013/11/20 at 8:35 am

I do have an interesting question/point! First, the arrests for not registering within 5 days is tacky. Now, I’ve gone to register early and the ladies (OC) asked why I came early? Lets suggest or pretend my annual registration is supposed to be every December 1st? What if I’m going to France from November 20th to December 20th? Hmmm? Or, lets say I had a family member (daughter attending school in DC) get in a major car accident and I have to board a flight and leave immediately? I miss my registration date?

Or, (please use this as a new topic) what if I’m doing an extensive remodel to my home and maybe I’ll have to leave for a week when my plumbing is being altered (I might stay with parents one night, cousin for two days and a friend one day)? Then, while I’m gone, a compliance check officer come by? Any ideas? Maybe I was gone on vacation during the work?

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that why we are “house arrest” during that week.
It needs to be challenged.

I have no idea of the actual answer but if I were planning to attend an event that would fall during the period of +/- 5 days of my birthday I would check go to the place you normally do your yearly registry event at. I would tell them and since you are not on probation and therefore do not need “permission” to travel I would think that they would make an exception and allow you do an early registry this year.

Now…that is what one would assume would happen since this is not a punishment right..however, since we all KNOW that it is in fact done for no real purpose except to humiliate, punish, and control, they will most likely tell you that it is your choice to go BUT that you will come back and have an arrest warrant waiting for you!

If someone could find out the actual legal answer that would be helpful to us all.

Or, lets take it another step. What of I was a merchant marine and went out for 2-3 months at a time? I never knew exactly when I would be leaving and regularly was gone during my annual registration? Or, what if I was a long haul truck driver? Or, what if I worked for a circus or carnival and travelled regularly?

First, regarding going in early,that will not work, they will nail you for failure to registger anyway. Your problem is that you’re trying to be reasonable;they are not. If you go in 10 days early and register, you still have to register all over again”within five days of your birthday.” BTW, I read that “within five days of your birthday” to means five days in advance or five days after –= and 10-day window. If you go in six days before your birthday, you will have to go in again “within five days of your birthday,” or they will throw you in jail. I read a case early on where some guy who registered 18 days in advance ended up in jail for not registering within five days of his birthday! It doesn’t matter what YOU think is reasonable, only the precise language of the law — and they are trying as hard as they can to find any way to nail you, no matter how minor and irrelevant the violation.

As for leaving town for a month around the date of your birthday, I think there is room to read the 290 laws to mean any time you leave town for some amount of time (and I can’t know how much time would trigger this), you have move to a new residence, and you must go in and change your registration to tell them of your new anticipated residence before the move or at least to add it on as an additional residence, and thus also go in and register in the location where you are going for that time. When you return, you again must go in to register again at what you know was your real residence all along, but they will say it is new upon moving back to the town or state. The only benefit to you of this is that gets you around any issue of not being in town around your birthday to register.

Of course, if you are laid up in a nursing home for a month at that time, you better get the hell out of bed and into a wheelchair and roll on down to do your registration – there is nothing in the law giving you an exemption under that condition. In fact, you better go in regardless to register the nursing home as your new residence for that period. If one if to follow the letter of the law, that is what it requires.

Or, if it seems to you that this can’t be what the law requires, then your position would have to be that the law is too vague to be able to tell — unconstitutionally vague, so they could neither prosecute you for failing to register when you were out of town or for failing to register that out of town address as your new address.

And being too vague, it could invalidate that entire statute (which is why they broke 290 up into a series of several statutes, so the rest would stand even if one were invalidated).

But the problem with this vagueness argument is that to fight it, you will have to have a lot of money for a lawyer. There will be no justice for anyone who does not have a bottomless pit of money to pay the best lawyers. Our “justice” system is strictly for the rich; the rest take plea bargains (which our state high court now says the state can change to your detriment after the fact) and accept whatever treatment they get going forward.

“any time you leave town for some amount of time (and I can’t know how much time would trigger this), you have move to a new residence”.

Not necessarily… residence is defined as a place where you regularly reside and to which you expect to return. So what if USA, with a Dec 1 birthday, plans on spending a month between November 20 and December 20 living in a rented chateaux in France, eating snails and other ungodly things?

He certainly is not expecting NOT to return to his house in OC. Would the chateaux become his residence? Is his stay a regular occurrence? What if he goes on a lengthy mediterranean cruise bopping from harbor to harbor? What if he goes traveling / backpacking all over Europe – spending one night at a hostel in each place?

USA specifically states that, during his home remodel, he is not overstaying his welcome any one place and does not spend more than one or two nights with each host. It is not like he spends the time at his parent’s house like he does every other weekend (in which case his parent’s home would have to be reported).

290.010 reads: “If the person who is registering has more than one residence address at which he or she regularly resides, he or she shall register in accordance with the Act in each of the jurisdictions in which he or she regularly resides” REGULARLY RESIDES – That would not include a vacation home or an incidental night as a guest on someone’s sofa.

He cannot check out before his trip, because his toothbrush and personal effects are still in his house in OC. Because he LIVES / resides there. If he were to un-register, or claim to terminate his residency in his current jurisdiction, he would be in violation because he stated that he no longer ‘resides’ at his house when nothing could be further from the truth. At the end of the day it is still his place of residence.

What this amounts to is a prohibition to travel for a two week chunk per year. How you can tell this to an American Citizen not on probation or parole boggles the mind. But then again, many things do…

You just supported what I said, when you said “Not necessarily.” As I said, there is room to interpret it — one way or the other. I do prefer your interpretation, but it is the court’s interpretation that matters.

BTW, yes, it definitely includes a vacation home! If you even stay at a girlfriend’s (or boy friend’s) home a single night every once in a while, you must register there as it being an additional residence of your’s. In fact, that rule was determined BEFORE 290 actually said that, was an interpretation of the word “residence.” Some guy ended up in prison because he had no idea he had to register at his girlfriend’s house, thought the address at which he spent nearly all his time and got all his mail and everything else in his life was his residence, that staying at his girlfriend’s house one night a week did not make it a residence, was just a visit to HER residence — but the court interpreted otherwise. And later, 290 was amended to actually include that language from the court case. I’ll bet that guy is still in prison, probably was a third strike — and no one could have known that he had to register at his girlfriends house too, although now the law actually says that.

You also must go in and inform them any time you are moving out of state and provide the address of your new residence out of state — now, I agree with you and your interpretation about that trip, but I’m just saying there is room to interpret that together with their flexible and capricious interpretation of residence to mean you have to inform them any time you leave the state, and say where you are going to be, since certainly after a couple days, that place where you stay will qualify as a new residence, even if not your only one.

Yes, 290 requires you to go into any number of jurisdictions and register, in each and every one where you have what they call your “residence.” You main home, your girlfriends’ is you stay there one night every once in while, any place else where you stay enough days – -and who knows how long that is, maybe just two — to be “regular.” But if you try to apply sensibleness and reasonableness to any interpretation you will land in prison — like too many others have for being reasonable.

I know there used to be a clause — which I can’t find now because 290 is so voluminous, who can find anything in it — that said you must register within five days of coming into any town. That originally was interpreted to mean you had to register if you were there for five days, but later the court said that is not what it says, that it says you have five days to register after coming in the first day. And it said “after entering” the town, not after “moving” to it. You, of course, would have to stay overnight, making it your residence for that one day at least. (I guess if you never sleep, you never have a residence? Maybe that is a defense in court, if they don’t prove that you slept, they have no case.) Its not clear whether one day is enough to spark the registration requirement, but a full five days is not needed under that previous court ruling.

As I have said so many time, 290 is so voluminous, so many details, so many court interpretations all over the place, that no one has any idea what they really are supposed to do. In my opinion, that makes it unconstitutionally vague — it volume alone makes it unconstitutionally vague. I suspect it is the most voluminous law of all time, and have the greatest number of court interpretations of all time. And EVERY court interpretation I have seen is stretched and twisted to the disadvantage of the registrant.

I still don’t know what “regularly resides” means. When I change addresses they want to see a phone or electric bill with your name and the new address on it within 30 days. What if I want to do the 1000 mile Pacific Crest Trail? At my pace it would take me five months. Do I have to check in at every ranger station and have them send a note to — to who? The jurisdiction I just left ysederday? The jurisdiction where my house is? For what? I never even annoyed anyone in a public space. Why would they act like I was going to commit mayhem now? This is not exactly a travel ban, but it is supervised custody. I would put my name on any lawsuit that challenged the nefariously vague language that consequently gives law enforcement license to make traveling an undue hardship, whenever they feel like it.

I agree with you and I would also put my name on such a lawsuit.

So if there are any lawyers who want to do some pro bono work OR who actually love the law and the legal system and wish to see it work as it should and not how it is twisted to serve some agenda and abuse a class of citizens forced to be labeled as hated vile perverts for life:

PLEASE leave a way to contact you so that those of use who are willing to step forward to challenge these as “test cases” can contact you!

No problem. I will send a note to this site’s email.

Will do…I have previously contacted Janice and given her that information. We exchanged email and I indicated that I am willing have my name used openly for any cases where it would be useful. I guess that need has not yet occurred because I have not been contacted.

Does the law say that you have to provide a “phone or electric bill with your name and the new address on it within 30 days”? If it does not, tell them to go F themselves (I always do that nicely though). Do not ever worry about what law enforcement or people who support the Registries want. Do only what you are FORCED to do by law and do no more.

…not only a hardship, but a potential criminal activity that one can go to prison for. That’s ridiculous. Especially, since they were ordered by the courts to reduce the prison population. Putting people in prison for traveling within our own country without proper consent. Are we slaves, then? No more.

Absolutely. If Registration were “just” there would be no possible way for a person listed on a Registry to be arrested for anything.

I’ve said for a long time that Registration could possibly be acceptable if:

1) Absolutely NOTHING was required of the families listed on the Registries. Families would not be required to even give anyone any information. Government would be responsible for discovering and collecting all information that it wanted to make public.

2) All the rest of the Registries that should exist actually did exist.

If that were how the Registries worked, I don’t think I could complain about them.

That would mean they would have to do their homework, and have compelling evidence that any one person needs to be tracked. That makes sense. Take all that effort to keep the registries accurate, which they are unable to do now and put the money into reducing the incidents where the vast majority actually occur — in the home, school, etc. where the victims know the assailants. I don’t see that as an exclusive law enforcement responsibility issue, but a public education and mental health issue. Make it easier for people to “come out” in a confidential manner and get treatment, family intervention and the like, before something serious happens and people’s lives are ruined. Last time I heard, there were 2.25 million people in prison and .75 million on the registries. I forgot how many are on probation and parole. It’s safe to say that millions of people are under the penal system and growing and growing exponentially. Someone may know the economic cost of this system: monitoring, incarceration and don’t forget loss of productivity for those unable to work or have productivity reduced. Who is doing a cost/benefit analysis of this system. Fiscal conservatives where are they? Those interested in better funding social programs, where are they? On the penal band wagon, no doubt.

It’s more convenient for law enforcement to make you self-incrimanate yourself through registration. I also wonder if you take a trip, and register you are leaving town, if you lose any grandfather status you may have from an “exclusion zone” upon your return. You may take a vacation and come back to a house you can’t live in once you self-incriminate…

Here’s another catch 22 as far as I’m concerned:

Consider this: As soon as I have competed my probation term I would like to move outside the U.S. – after all, the general treatment we all receive as registrants tells us that this society doesn’t want us as members anymore – however, in California, if I ever wish to have a chance at a certificate of rehabilitation the law states that I have to have been a resident of California for the ten years immediately preceding my application for a COR.

So, the society that shuns and hates me wants to force me to endure this discrimination for at least ten years after I complete my probation if I’m ever to even have distant HOPE at receiving a COR – which is unlikely in the first place.

Yeah..makes you wonder what the intent is. I left the US eight years ago by simply retiring to another country (Mexico). Now I read they’ve changed the laws making it possible for a 288a to get relief. But, of course, I can’t apply because I no longer live in California!

Well done, I returned a year ago from 6 years living abroad and it was great to simply not have the weight on your shoulders everyday. I have had it now for a year and I can tell you that it really does effect you mentally even though you fight it…so enjoy Mexico!

Hi Bill G. I would love to leave this country and be someplace where I do not have to deal with these unjust and draconian laws and I have been thinking of Mexico or somewhere in South America. Can you tell me if you experienced any problems actually leaving the usa or moving to Mexico? Did you have to renounce your citizenship? How are you treated there? Are you treated like a 3rd class Jew in Nazi Germany, like we are treated in the usa? How much $ can one expect to pay to live in Mexico? Thanks in advance, Q.

I moved to Mexico just over a year ago thinking that it would not be any problem to establish residency here and build a new life with my partner. Unfortunately, the USA has recently begun sharing information with Mexico and the Mexican government passed a law just this Fall which excludes anyone with a sex or drug felony from entering the country. That rule has begun enforcement as of a month or so ago. Prior to July of this year, I was never stopped at immigration in Mexico, and I did manage to make it through immigration twice – once in July, once in October – before the law passed. My crime is 23 years in the past.

A friend of mine was just stopped at immigration this past Wednesday and deported after spending over 30 hours in the airport waiting for his return flight under a 2-man guard detail.

The USA now regularly shares conviction information on sex offenders with all countries that utilize the electronic passport (embedded chip) system, the USA flags our passports with the information, and most of those countries now turn away anyone with the US initiated “undesireable person” marker.

While some may doubt this is possible, a Mexican Immigration officer in Mexico City in October confirmed this with me, and Mexican Federal Police had been alerted of my arrival and were waiting at the airport to inspect all of my electronic devices…and this was on a flight from Europe to Mexico…no stops in the USA.

All 290 registrants should be aware that travel outside the USA is likely to result in similar rejection wherever you go. I don’t have any personal experience with land or sea entries, so I’d welcome any feedback from others who have engaged in land or sea travel in the last 6 months (which is when the US flagging began).

I’ve registered early?

I can tell you what happened to me when I ask to register early by a month.. I had some business dealings south of the border.. The processor officer (LB) took the appointment by phone and had no problem with it and it went normal.. Then 4 months later cops showed up with a message from the “Head” Sex Offender Registration person, and then I decide to swing by the police station and see what is what… And she clearly stated to me that what just happen was totally illegal and she has already addressed it with the processor officer and that the next time I do this, my statues will be set has “In Violation” and a warrant for me being in violation would be sent out… and from that day on.. I just do my best scheduling stuff around those 5 days

Yes, please read my comment below. Law enforcement does not have the authority to “allow” you not to follow the law. You are wise to not trust what they say or do.

That’s soooo lame. I doubt any judge would allow this to happen! That’s (not on your part) is flat out dumb! Your showing up, abiding by the law and have nothing to hide? What if you had a important business meeting to attend? A college reunion? Lets be honest, you have 5 days within your birthdate? What if your birthdate falls on a Saturday? People do work? What if Monday is a holiday? What if ? Does that mean 5 days before? After? Everyone can interpret this differently? In summary, this is in essence a disability? What if I can only go on vacation in December?

I’m sure the position of the criminal regimes is that it is your problem about anything that may get in the way of following all the Registration laws. Many people have to take a lot of time off of work to report the exact same information in various locations (because even though the criminal regimes want to share the information with the public, they are too stupid to share it among themselves).

Also, I do not think that everyone can interpret the “within 5 days” requirement differently. In my state, our “within 3 days” requirement is very solid and well understood. Even law enforcement understands it!

Give it a shot and find out and report back to us

USA, sorry, but you don’t seem to be aware of what’s been going on — for many years now. People are already in prison for registering near, but not during, those five days. Frankly, the reality is that no judge would rule otherwise — they are all complicit in this crap, they are all interpreting laws in the harshest manner possible against registrants.

You must think the courts are places of reason, like they were some decades back. This is NOT the judiciary that many people grew up with.

I can tell you right now, Bluewell got a break not because they decided to be reasonable that time, but because he would have been able to show it was done under the direction of the state, that is, by the police officer. That was a defense, and clearly the officer admitted to having done it. If the officer had lied and denied it, Bluewell would have found his arse in prison. Bluewell just got what will probably be the only piece of luck he will ever have.

On the flipside, if the police tell you you have to do something onerous under the law, and you disagree and don’t do it, you can be sent to prison on the basis that those police had told you, and so you had knowledge. It won’t matter that you honestly thought they were misinterpreting things, didn’t know what they were talking about — and with good reason.

That is to say, what the police tell you carries weight in court — even though this means we have police officers with nothing more than a high school education giving out legal advice for which they are not licensed to give and so you can’t take them seriously, even as you must do whatever they say since you must take them seriously.

Last year I didn’t want to sign the form because I didn’t understand what I was reading.
the Chief of sheriff went to the desk and told me I HAD to sign

I wrote signed under threat of arrest.

any other idea?

Also maybe it help if maybe 50 RSO show up at the same time and invite newspaper and of course maybe a lawyer and RSO friendly press to complain about how long and how bad it is.

just had another thought.

Invite your family and friends and have a birthday party at the police place. so your friend and family know what your going thur.

Great for you. Always stand up for yourself.

I think I would have written “I do not understand what this means” and signed it.

In the state where I live, we have a very long list of items where each is a “rule” or requirement of Registration (for example, I acknowledge that I may not loiter near day cares). We are required to sign each item. I expect the reason for that is so if you are arrested at some point later, they will be able to more easily prosecute you. However, the list of items has always been slightly inaccurate (for example, one item states that you must tell them if your phone number changes and there is no legal requirement at all for a phone number).

So I write at the bottom “I know this list has been inaccurate in the past and I believe that it is accurate now. I am being forced to sign each item.” I doubt there will ever be a need for that but it pisses them off so that alone makes it well worth doing.

The word “accurate” should have been “inaccurate”. Was that a Freudian slip? I’ll have to be careful not to write that!!

Are you saying they gave you a written notice about something, and they said you have to sign that? No, you do not. Yes, you would have to sign the registration form, but not some notice they give you. Some notice they give you in addition to registration is not part of your registration requirement. But yes, they will always be very harsh in telling you that you must sign a notice or you will be arrested. If you get arrested, sue them for false arrest, as they have no ground to arrest for that — and you can make some good money.

They want that to show that you had knowledge, had been notified. But you are not required to sign so that they can use that to prove you had knowledge. They will have to find another way to prove that if they want to. They could alternately have the officer who notifies you sign as witness to you having knowledge, having been notified. But the officer doesn’t understand this, and it is less challengable if they gee you to sign — to be used as evidence against you. They should be required to give you a Miranda warning before signing.

Of course, if you are just getting out of prison, you would have to sign. And probably if you are on probation or parole you would have to under your conditions.

I’m not familiar with CA law but I would like to make a few observations that I hope will help:

1) Local law enforcement (or whomever) does not have the authority to allow you to not follow the law. If the law says “within 5 days” of your birthday, they do not have the authority to tell you that “within 1 week” is okay. It could even be a trap. The law is the law. Don’t trust them. Don’t accept “concessions” or “agreements”.

2) It doesn’t matter if law enforcement (or whomever) comes around your house every day all year for “compliance checks” and you are not there. You don’t have to be. Just because you live somewhere doesn’t mean you have to spend X number of hours a week there. You go to work, go out, visit friends, whatever. Live your life and never tell them where you have been. Only tell them where you are going when you are forced to by law.

And this is a great reason never to allow “compliance checks”. Law enforcement should NEVER expect to be able to verify whether or not you are at your home or not. NEVER. You have no obligation to help them “verify” anything. I firmly believe that all Registered families should enclose their properties with fencing or walls and never speak to law enforcement there. There is no benefit to you.

3) In the state where I live, you must visit the criminal regime within 3 days of your birthday. If your birthday falls on a Monday, then you can visit them only on the previous Friday. You must visit your local criminal regime on that exact one day of the entire year. And in some jurisdictions you only had 4 hours during that day to visit them. It’s total horse sh*t.

I think the “3 day” timeframe is part of the POS AWA, BTW (need more acronyms?!). Writing a law that requires a person to go somewhere 3 days within their birthday every year (as opposed to say, 1 month, which would change NOTHING in reality) is a clear sign that the people who wrote and support that law are complete scumbags. They are grade A certified a**holes. And they deserve no respect. It’s just stupid, useless, idiotic things like that which completely destroyed any credibility or respectability that the Registries possibly could have had. The people who support it showed their true colors and motivations.

I agree with everything you said. I do not participate in compliance checks anymore and love the thought of “wasting their time”. I am forced to live with my sister now because I am effectively excluded from participating in life by this society. I have not had gainful employment for over ten yrs and retirement is now out of the question because of these laws that are modern versions of the laws against the Jews in Nazi Germany. If they ever do get to “verify registration” it will be because they chance upon me while I’m outside, and then anything they ask beyond “have you registered” will be referred to an attorney. Besides these “compliance checks are complete BS. I don’t think it is something required by law; It’s something they have taken upon themselves. I live in California and haven’t answered the door or spoke to a goon for several years now. They can stick it where the sun don’t shine. I believe they are just looking to feed the prison industrial complex and want to make themselves look like they are protecting society, which we know is utter BS because the facts don’t line up with their claims.

Ok, I hope this is accurate after all The Sheriff Registration Lady told Me If I Am going to be gone more than 72 Hrs I have to Tell them how long & where. We had a death in the family & My GF & I spent the night @ the address of the deceased individuals house because it was being broke into eg: Family Member. & so just to be safe I called & asked; good thing I did! If I would have spent the night 2 x & 1 day I would have to register that address & RE Register Way before My date. & then there is the fact that a big red star on the house would have made it even more of a target & Harder to sell! Nah, It’s not a good Idea to assume anything ! Or You could find yer Self assuming You are wanted!

You are right. And it is so ridiculous that a “sheriff’s registration lady” is now the top authority and interpreter of the law.

If I was gone, going ANY WHERE from My registered address longer than 72 Hrs & “Did NOT Call & tell them,,,,I would be in violation of contract Period! Just call and tell them or go in. That is the mysterious TIME FRAME every one wants to know now You can call & ask Your Registration place and find out from them. I Am not an SVP I Am a med- low risk IDK. been off Parole since 2003 & have not been nor do I want to be in trouble since. Go Figure I hope that this clears it up a lil.

So is this a personal contract you have with the DOJ or other agency, a municipal ordinance, or a State LAW? If the latter two, can you please provide a link or a cite. TIA.

I think somebody at a particular department has simply made a policy based on their interpretation or that of a local prosecutor. While I disagree with the interpretation, I do believe the language of 290 could be twisted to justify it, as I have said in other posts (so I’m not surprised to hear of this policy). The court will interpret if matters land there. Unfortunately, the courts now have a long record of ALWAYS agreeing with the harshest interpretation a prosecutor can invent, no matter how twisted and unreasonable. Thus, you better figure that policy will stand in court. The policy is way out of line, way wrong — but you will land in prison if you violate it.

Too many people still think the courts are what they once were, a place of real justice. No, they stopped being that at least 15-20 years ago. They have been completely taken over by very cruel and bad people. They are far more dangerous than ANY registrant they throw in prison. The courts have ceased to be someplace to turn to for reasonableness and justice. Gee, you can’t even get elected to the courts in California unless you come from a prosecutor background!

Basically, the nice lady at the registration office told me it would cause a problem if ever I left the house for however many days if I didn’t inform them I was leaving and they come do a compliance check and find I am not home. This is there thinking. Whenever you leave the house without their knowledge, you’re going to commit a crime. Right? They have the power, and will weild it any way they see fit, until it is challenged. Fact of a registrant’s life. That’s why more of us have stand up and show up and make some noise, and more people like Janice will see the injustice. No one can hope to succeed in this alone, no matter how much one knows the law. They don’t care about the law, in my opinion, just power, and whether it’s with them or against them.

This nice lady is 100% wrong! You do NOT have to tell them when you go away, ONLY IF YOU MOVE!! I have traveled for weeks at a time and have told NO ONE! I was never in one place more than a few days, which did not trigger a need to register in another state and my residence never changed. I did not move, I was on VACATION!! My mail and my property continued to be at my registered address and I returned there after my trip. COMPLIANCE checks are NOT REQUIRED, nor are you EVER required to be home or even ANSWER THE DOOR IF YOU ARE! I have NEVER had a compliance check in the years since parole, and if I did, I was not home anyway! STOP GIVING IN TO THEIR TACTICS! FOLLOW THE LAW and FORCE THEM TO ALSO and you will never get in trouble!

I too have traveled, for up to two weeks and never reported that I was going on VACATION. That’s including leaving the country. I refuse to do anymore than I have too. I have also never had a compliance check in 16 years on the list.

Amen to steve and Rob.

I made it clear to my local criminal law enforcement that I would only be doing what was absolutely forced by law and nothing further. I also continue to make it completely clear that Registration is unacceptable and I will continue to cause problems by any legal means that I can. As long as the Registries exist, I will ensure that at least for me personally, they are completely counterproductive and I will deliver as much legal retaliation as I can.

I was not a dangerous person until I was listed on the Registries and they started harassing me. Now they’ve got a problem.

Rob, your point is very reasonable and sensible and logical. However, your interpretation is not the one that counts; only the courts get to interpret the law. And the courts have not been the least bit reasonable or sensible in interpreting the laws regarding registration.

Consider, you say you were simply on vacation. Well, the reason you go to a new “residence,” and the fact that it is not a permanent or even longterm “residence” doesn’t matter, only that you go to it. The courts have a very broad interpretation of “residence” regarding registrants. I would not be the least bit surprised for them to interpret a place where you stay a few days on vacation to be a residence. This is wrong, if I believed there were such as thing as evil I would say this is evil — but it also is reality.

Which way will the courts rule if such a case comes before them? That’s a crap shoot, and plenty of people have landed in prison in these very kind of crap shoots, in fact, over the residence issue.

Hi Rob; I was told several years back by the registration goon that if i WAS ANYWHERE FOR OVER 3 DAYS i HAD TO REGISTER LOCALLY. Otherwise I could travel all I want.

thats why I don’t stay longer than 2 days in any place when I went on vacation

Listen peeps…there is so much confusion on this issue that no ones knows anything for sure. I have talked to lawyers who have no idea. I have talked to law enforcement who has no idea. Everyone thinks they have an idea but when asked 100% sure they are not.

I think it is clear that in some counties/cites, that law enforcement is abusing this ambiguous legal language to intimidate some of us. Probably some smaller town sheriffs who get off on that sort of thing.

I think it would be very very helpful for us to start stating what county/city you have had these various experiences in. They clearly vary from location to location.

It would help to pinpoint where the abuses are the worse and where action needs to be taken first!

I am not a lawyer, but my reading of the law is that we are obligated to register when we move or when we have a birthday. I am not aware of any other legal obligation to notify the authorities about anything. If someone can show me some code that indicates an obligation to notify of travel, I would be very interested.

I am additionally aware that police sometimes wants to suggest they have more power than they really do.

290 requires you to notify about any move out of state before you go. This means any time you take up residence out of state. (This part of 290 says nothing about abandoning your current residence — you are required to register at ALL residences you have, yes at multiple locations.) Does a short term trip count as moving temporarily to a new residence? That is a matter of interpretation. The courts are the only ones who get to do interpretation.

Look at how the courts have been interpreting these onerous and punishing and extreme registration laws for the past 20 years — then tell me how they will interpret this issue.

290 does NOT require you to show a utility bill. In fact, many people do not have one, it is included in the rent, or the utilities are in someone else’s name. 290 specifically states you can show your driver’s license to “prove” your identity and your residence — yes, 290 says your driver’s license PROVES your residence — which means no compliance check is needed — and you do not have to cooperate with one — to prove it, as by law it was proven at time of registration. No utility bill is needed to prove your residence.

You still need to register any “residence,” whether you have anything to prove that location or not. You can’t be required to provide something that does not and cannot exist. And you can have several residences and need to register and each of them.

Your point supports another of mine: the law is so far reaching, so voluminous, with so many court interpretations, and being changed constantly, every single year, and police with just a high school diploma giving you their own interpretations and notices (they aren’t even licensed to do that!) that no one can know what is required! Yes, what is required when you live on the Pacific Coast Trial or five months? Or five days? You will find out the hard way, when a court interprets in a manner that gets you sent to prison. I say this makes 290 so overbroad and voluminous that it is unconstitutionally vague.

Haven’t there been any test cases? Surely there has been someone somewhere who was violated because of the confusion and it was deemed illegal? No?

Ok, I admit I Am Unsure what was meant & they Do like You to Believe they have more power than they do But I Am Not gonna test it without Janice to consult “Especially in Kern County”…Here You can get tossed up real easy for just P*$$*n’ Them off!

On a lighter note: Here is a list of farm Owners & labor contractors for CA.! The Farmers are having various issues with getting & keeping laborers up to $13.00 hr.DOE. Now If You want a job & “WORK” There is a good chance You can get Hired due to this “Migrant farm worker Deficit. I do Not Know Where else on this site to post this so please forgive Me the list is rather long…PS ….It IS WORK!

Farm Owners & Labor Contractor list (pdf)
*** added by Moderator ***

In theory, I could, and in desiring to help, I would, hire someone on the registry, for that hourly amount or more, if I could get enough work for myself. I’m feeling my age, but am better at handling the shovel than balancing the books. Anyone to help with business development?

The key to the vagueness for me is the adverb “regularly” followed by the word reside. It is subjective and basically useless in defining what is your residence. Your definition of regular can vary from mine, or the DA’s. I can find no clarification of the word in the 290 language. Maybe I am missing something. If a term like that lends itself to misinterpretation, isn’t the law unenforceable? Again, I must be missing something, because why hasn’t this language been formally challenged? There is also no mention of exceptions for vacations in the language although any reasonable person would not confuse going on a vacation with changing a residence.

That language was taken from a court case that interpreted “residence.” That guy landed in prison for not registering at his girlfriend’s house, where he often stayed overnight once a week. He had no idea he was supposed to consider that as an additional residence at which he had to register. The court interpreted against him, he landed in prison (probably still there if it was a third strike), and that vague language from the court case is now part of 290.

So, in effect, you are arguing that the court will overrule itself, say it is too vague. You are right — but that doesn’t mean the court will agree with you.

Yah, I wonder how many times the guy had to stay overnight before it became “regular”. I see that the justice system wants to keep the language vague, because it leaves the boundaries open to law enforcement agencies.That way the registration lady can interpret the law. If she or he was accused of leniency, she or he would probably be fired. There are plenty more to take her place. These people should not be interpreting the law, but I think it benefits the polititions, in case the courts rule against them. Kind of like Abu Grabe, the higher ups can say, “we didn’t authorise this”. Nice traps for everyone involved, except the policy makers.

I would like to Know Why This has never been pursued as a Medical Law suit in Our behalf if this is Not ex post fact o regarding the stressors of the Registry on Us Our Families & Most of all the children. After all it is & was Known then to be a medical fact just not publicized Now it is! Undue stress Does What?” Shortens Yer Lifespan”!
Chronic stress.
We have long heard that chronic stress is bad for us, but we are now learning that it actually ages us down to the cellular level. Our chromosomes are capped by these little things called telomeres (TEE-lo-meers), which look like the plastic ends on your shoelaces. Telomere shortening is a marker of aging, and high levels of chronic stress actually cause your telomeres to shorten (meaning you age faster!) (Singer, 2011).

This was illustrated by researchers Elissa Epel and Elizabeth Blackburn who studied moms who cared for chronically ill children. Each participant in the study was given a Perceived Stress Test and various biological measures were taken. What they found was that those moms with the highest levels of perceived stress had telomeres that were far shorter than those moms with the lowest levels of perceived stress; in fact, those women in the high stress group were found to be physically a DECADE older than the women with lower rates of perceived stress!

Guys, can you elaborate on the guy staying at his girlfriends? He truly had to have talked? He had to have given information up or was on probation or parole? If you get confronted, simply decline to make a comment at this time!

Annual registration in Fresno County; Sheriff’s office for registration is open 3 days a week from 9 a.m. to noon. That’s it. If you’re birthday falls around a holiday when the office is closed or if you have a job, then one might be SOL and out of compliance. We shall see…

What I was told in one city I lived before that the 5 days before or after are open business days, not calender days, so if it is the weekend or they didn’t have registration services open that day didn’t count. In that city I also had to make an appointment, and because of that one year, and that was when I was on parole, I couldn’t get an appointment until the 6th calender day after my birthday and that was fine with them.

In the new city I live in, they are even more lax about registration: no compliance checks and annual reg is just a walk-in. However the city has an unconstitutional, draconian law that says RSO’s can’t live within Xdistance of schools, day care, parks, etc. So if registering a new location because of a vacation counted as ‘moving’ then I wouldn’t be allowed to continue living in my home when I returned from vacation! So there is zero chance I’m doing that. Unfortunately, not everywhere has the same registration laws for travel-time, Nevada for instance has a very short time, I think 24 or 48 hrs? If CA uses the 5 business day model then you could be somewhere for a week and 2 weekends before it counts, but if the locals don’t use that?

Seems the law is purposefully vague to give them an excuse to make new arrests should they wish to.

I also travel out of the country for long periods when able. I asked about that, since I can’t ‘register in the new location’ since outside of the US is out of their jurisdiction to make such impositions, and CA law doesn’t require permission or even to inform the local LE of international travel. They said if I was going to be out of the country when I was expected to do annual registration to just do it before I left. But I’d be damn sure to get a copy of it and a signature on a statement that I was informed this met my legal obligations.

I think we do need to put our questions in writing, and have them give responses in writing. Otherwise, everything is vague and heresay, and will not turn to our favor, if the authorities get it wrong and we act on their misinformation. If everone in their district asks the authorities how they clarify 290, it would be interesting to see the variations. Are they required to respond to written requests fo information?

in the city of Visalia RSO can only reg on Tues or Thurs by appointment.
so that givce you only 4 days to reg within your bday. so you only have 4 out of 10 days to Reg.

What if you buy a new car but have it registered at another address because people steal your mail? Are you in violation for having the wrong address on your car? Where does it say we have to add our vehicles to the registry? All the BS I sign and initial during updates says nothing about cars or other mailing addresses. Police claim that’s the reason they came and advertised my status to all the neighbors but still won’t give me a clear answer of why they were at my door and had the whole force in my front yard. I was at work at the time. Found out from my wife’s god daughter who happened to be there. Is this legal?

What if you buy a new car but have it registered at another address because people steal your mail? Are you in violation for having the wrong address on your car? Where does it say we have to add our vehicles to the registry? All the BS I sign and initial during updates says nothing about cars or other mailing addresses. Police claim that’s the reason they came and advertised my status to all the neighbors but still won’t give me a clear answer of why they were at my door and had the whole force in my front yard. I was at work at the time. Found out from my wife’s god daughter who happened to be there. Is this legal? Would really appreciate some feedback. Wife is worried sick and very upset. And all had to happen just before Christmas. Worried that they are planning on showing up to ruin our family get together

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