Mandatory Lifetime Sex Offender Registration for Sexual Penetration by Foreign Object on Unconscious Person – California Penal Code Section 290

As a result of a recent ruling by the California Courts of Appeal, 3rd District, a court can order lifetime sex offender registration for defendants convicted of sexually penetrating an unconscious person with a foreign object.

This ruling upholds a 2009 trial court decision in which the defendant Ronald Jeha entered a plea of “no contest” for sexually penetrating his unconscious victim with his fingers. The trial court placed Jeha on a four-year probation period, 180 days in jail, 200 hours of community service, and a mandatory lifetime sex offender registration pursuant to California Penal Code Section 290. Jeha appealed the decision, arguing that the registration requirement was a violation of his equal protection right. The 3rd District court, however, rejected Jeha’s contention and affirmed the judgment.

A conviction for certain sex crimes may give rise to a lifetime obligation to annually register as a sex offender in the city or county in which the defendant lives, works, or attends school. California Penal Code Section 290 imposes punishments for every violation. If the underlying sex crime was a misdemeanor, a failure to register may result in up to one year in county jail. An underlying felony conviction may result in a sentence as long as three years in state prison. Since the failure to register is considered a continuing offense, every violation will result in another sentence for every time you fail to register.

If you are facing charges alleging a failure to register as a sex offender, do not hesitate to contact a Southern California sex crime attorney who can defend you against such accusations. At Wallin & Klarich, our Southern California sex crime attorneys have over 40 years of experience in handling sex crime cases. We will work to help you present the best possible defense to achieve the most favorable outcome. Call us today at 888-749-0034. We will be there in your case when you call.