A divided state Supreme Court voted Wednesday to leave intact a ruling requiring lifetime registration for certain non-forcible sex offenders, an issue that split Gov. Jerry Brown’s two most recent appointees.
The court had voted 5-2 on Jan. 29 to reinstate a 1947 California law requiring anyone convicted of non-forcible oral copulation with a minor to register with police as a sex offender. Registration, which is also mandatory for violent sex offenders, enters their names and addresses on a publicly available database and prohibits them from living near a school or a park. Full Article
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i was gearing up for a hofsheier hearing… now i’m SOL.
i still think that “possibility” of pregnancy idea is stupid. now some genius lawmaker will try to say, only if it resulted in a pregnancy, they won’t make you register
Well, this is certainly bad news for those who will now go onto the registry. My argument might be: what about those of us who are on the registry for misdemeanor battery/expunged or misdemeanor indicent exposure? Is it worst to have oral copulation with a minor or be convicted of touching someone without their consent, who isn’t underage? Or, to expose yourself? Maybe the courts should take a look at this instead!
If they didn’t have to register before and now will be required, then the registry is going to swell and push the numbers far beyond 100k.
This is the very reason why I have to register and the irony is, this NEVER happened in my case. The OCDA tacked it on there to guarantee a new SO registrant. Like the naive fool that I was, I pled to it because I was too scared to face a biased jury trial.
I have a clean record thanks to a 17B and 1203.4, but I still must register because of it. I never had so much disdain for one person like T-Rack.
This is one giant step back into the Victorian Age… it truly boggles the mind.
What will now happen to people who
– were never required to register after a 288a(b)(1) or 289(h) conviction?
– who were required to register pre 2006 but were relieved after Hofsheier?
Will they be actively sought out and made to come in and register? Will the next arrest / contact with the courts trigger the registration requirement? Will a traffic ticket accomplish this?
How many might there be? People like Mr. Hofsheier himself. Would love to hear what he has to say.
Or this person
http://patch.com/california/marinadelrey/marina-del-rey-officer-sentenced-in-teen-sex-case
who probably got the deal of the century (hey, 15 is under 18 – right?) More on this case here
http://mynewsla.com/government/2015/01/20/child-sexual-abuse-lawsuit-involving-sheriffs-deputy-settled/
NPS: Very sorry to hear this. Just thank God you received a 17 B and expungement. I did the same, had/or have had a clean record for the past 20 years with summary probation and still required to register. I’ll be filing a cert of rehab shortly in LA. Good luck. Maybe you should shoot for this as well and use your reasoning to get it passed. State, you could lose your job and ect as a result. ITs a good time to do it
“But Baxter, in his majority opinion reinstating the law, said legislators had legitimate reasons for treating consensual intercourse with a minor less harshly than consensual oral copulation. Since illicit intercourse may lead to childbirth, he said, lawmakers could have been concerned about the impact on children of requiring one of their parents to register as a sex offender.” WHAT A BUNCH OF IGNORANT A-HOLES… This is beyond comprehension. When it comes to sex offense laws, the truth is bent to fit the needs of the lawmakers…regardless if it contradicts common sense or previous law.
Thanks NPS. I concur with your comment! OC is out of control. My plea took place in LA and like yourself, I filed my own 17(B) and PC 1203.4! I has received Summary Probation! After my plea (I’m trying to be a little discrete), I was allowed to voluntarily surrender myself weeks after and I asked for directions via the police and 2 over zealous cops stated I had a warrant/we delayed one court date prior. They get me down to the station and they are wrong!/after towing my car! They come up with some dumb charge!
I do my LA time, go back to LA, 17(B) granted and I literally mailed my expungement request in/granted/never went to court! Then, I go back to the city that detainment and I get a 858.1 granted (seal and destroy detainment records)!
Now, I go to OC/moved there and the DA is a monster, lied:investigator nuts ect. I file the Cert of Rehab and finally the judge is so angry with the DA, he can’t see straight! He states, he can’t see one reason to deny the motion, but it’s not enough?
I’m presently residing in LA and I’ll be filing it 6-7 years after the OC gang! Wish me luck! This is getting old! Best of luck to you!