Thursday, January 17, 2008

Who is Required to Register under Megan’s Law

By Darren Kavinoky
Who is Required to Register under Megan’s Law



The following persons are required to register, according to California Penal Code Section 290:

(1) any person who, since July 1, 1944, has been or is convicted in any court in California or in any federal or military court of:
(a) kidnapping, regardless of whether or not a ransom is demanded, to commit rape, sodomy, lewd or lascivious acts, or oral copulation;
(b) assault to commit rape, sodomy, or oral copulation;
(c) sexual battery;
(d) rape:
(i) when the victim is incapable of giving consent;
(ii) by force or fear, or in concert with force or violence;
(iii) by threat of retaliation;
(iv) of a drugged victim;
(v) of a victim unconscious of the nature of the act; or
(vi) of a spouse by force or violence for which the offender is sentenced to the state prison;
(e) enticement of a minor female for prostitution;
(f) induced intercourse or sexual acts by false representation with the intent to create fear;
(g) pimping or pandering, where the person engaged in prostitution is a minor and the offense is committed after January 1, 1998;
(h) procurement of a minor under 16 for lewd and lascivious acts;
(i) abduction of a minor for prostitution;
(j) aggravated sexual assault of a minor;
(k) incest;
(l) sodomy;
(m) lewd or lascivious acts or conduct;
(n) oral copulation;
(o) continuous sexual abuse of a minor;
(p) sexual penetration with a foreign object;
(q) distributing, for commercial purposes, obscene matter depicting a minor engaged in or simulating sexual conduct;
(r) advertising, distributing, exhibiting, exchanging, or selling obscene matter depicting a minor engaged in or simulating sexual conduct;
(s) distributing, exhibiting, or exchanging obscene matter with a minor when such matter depicts a minor engaged in or simulating sexual conduct;
(t) sexual exploitation of a minor;
(u) employment or use of a minor to perform prohibited acts;
(v) possession of matter depicting a minor engaged in or simulating sexual conduct;
(w) annoying or molesting a minor under 18;
(x) soliciting another to commit rape, sodomy, or oral copulation by force or violence;
(y) indecent exposure, or assisting in an act of indecent exposure;
(z) sending harmful matter to a minor by telephone messages, electronic mail, Internet, or a commercial online service, as long as such offense constitutes a felony; or
(aa) an attempt to commit an offense listed in (a) through (z) above;
(2) any person who, since July 1, 1944, has been or is released, discharged, or paroled from a penal institution where he or she was confined because of the commission or attempted commission of an offense listed in (1) above;
(3) any person who, since July 1, 1944, has been or is determined to be a mentally disordered sex offender or any person who has been found guilty in the guilt phase of a trial for an offense for which registration is required but who has been found not guilty by reason of insanity in the sanity phase of the trial;
(4) any person who, since July 1, 1944, has been, or is convicted in any other court, including any state, federal, or military court, of any offense that, if committed or attempted in California, would have been punishable as one or more of the offenses described in (1) above, or any person ordered by any other court, including any state, federal, or military court, to register as a sex offender for any offense, if the court found at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification; or
(5) any person ordered by any court to register for any offense not included in (1) through (4) above, if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification.


About the author:
Darren Kavinoky is the founding partner of The Kavinoky Law Firm, a
criminal defense law firm with six offices throughout California. The
attorneys of the firm take pride in their constant continuing legal
education and unparalleled one-on-one client service. Every attorney at
the firm particpates in ten times the amount of education required by
the state bar.

In addition, the attorneys provide each client with a personal cell
phone number, and they make themselves available to clients at all
times. The attorneys of The Kavinoky Law Firm understand that there is
only one case that matters to you: yours! They are dedicated to treating
each client with personal service to en
Article Source: http://www.Free-Articles-Zone.com

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