Termination of Sex Offender Registration Obligation, CCB

In 2011, when our client was just 21 years old, he was convicted in the Clara Shortridge Foltz criminal courthouse (also known as “CCB”) of violating Penal Code § 311.11(a), “Possession of Matter Depicting Minor Engaged in Sexual Conduct,” as a misdemeanor. This is also known as “CP” or child pornography.

Pursuant to the plea bargain he agreed to, our client was placed on one year of summary informal probation, an obligation to attend 20 sessions of psychotherapy and was ordered to register as a sex offender for life.

As the reader of this summary may know, possession of child pornography may also be prosecuted as a felony and usually is, with punishment up to three years in state prison, plus a court fine up to $2,500. When there are more than 600 images, including ten or more images depicting children under 12, the punishment may be enhanced by five years to make a six year sentence. On a second-time offense, punishment can be up to six years in state prison. With any felony violation of Penal Code § 311, there is an obligation to register as a sex offender under Penal Code § 290.

After our client was convicted, he immediately attended the twenty sessions of psychotherapy and once his one year of summary probation ended, he had the conviction expunged under Penal Code § 1203.4.

Expungement, as the reader may know, does not affect the obligation to register for life as a sex offender.

In 2021, however, Senate Bill (SB) 384 was passed into law, repealing the lifetime registration as a sex offender for many registered sex offenders, like our client.

Under SB 384, sex offenders currently registering were categorized into three “Tiers,” depending upon the severity of the sex offense.

Crimes which were misdemeanor sex offenses and the client had no other convictions, i.e., for serious or violent offenses (“Strikes”), were categorized as “Tier One” and had their registration obligation shortened to ten years.

Crimes which were felonies, but not involving serious violence against the victim were generally categorized as Tier Two and such offenders were obligated to register for twenty years. Examples include those convicted of incest (Penal Code § 285), a second conviction for annoying or molesting a child under age 18 (Penal Code § 647.6) and many forms of oral copulation (Penal Code § 287).

Crimes that involved the use of force, manipulation or great violence in the act, i.e., a second-time rapist (Penal Code § 261), lewd and lascivious acts (Penal Code § 288), sodomy (Penal Code § 286), and similarly violent sexual, were categorized as “Tier Three” and such offenders’ registration obligation remained a lifetime obligation.

When the client heard about SB 384, he called Greg Hill & Associates to find out if he qualified. Greg asked the client what tier he was categorized under, although Greg suspected that the client was Tier One because the offense was a misdemeanor and the client had no prior or subsequent convictions of any sort.

Greg asked the client to confirm this through the police agency which he registered and the client did so, confirming he was in fact Tier One.

Greg then asked the client if he had any failures to register for which he was convicted of failing to register, as each such conviction would add a year to his registration obligation when the underlying offense is a misdemeanor (three years is added for each such conviction when the underlying sex offense is a felony).

The client then asked Greg to explain the process for termination of the registration obligation and Greg explained how it worked. Greg noted that the law enforcement agency with whom the client registered had to submit a sex offender checklist, wherein they recommend or do not recommend terminating the registration obligation. Greg explained that the various law enforcement agencies are often slow to submit this checklist, often taking six months or more after we file the petition.

Greg explained that the judge and the DA mostly just follow the recommendation of law enforcement, but that the DA can certainly oppose the recommendation if the DA believes ending one’s registration obligation would cause a danger to the public.

Greg then prepared, filed and served the petition for termination of registration as a sex offender for our client. The Los Angeles County Sheriff’s Office with whom our client registered did take about four months to file their checklist, but they did recommend termination and both the DA and the judge agreed. The judge then granted the petition.

Our client was so happy, he cried upon learning the news.

For more information about Senate Bill 384 and a petition to terminate sex offender registration, please click on the following articles: