Mandatory Sex Offender Registration Overturned by California Court of Appeal - California Penal Code Section 288

The California Court of Appeal recently overturned a man’s mandatory sex offender registration on the grounds that requiring him to register would violate the Equal Protection Clause (People v. Luansing). The man was convicted of violating Penal Code Section 288(a)(b)(2) and was sentenced to prison time. After being released from prison, the man was required to register as a sex offender for the rest of his life. On appeal, the man argued that the registration requirement was unconstitutional because violators of the same statute (statute 288) were arbitrarily distinguished into separate classes—one of which had to register as a sex offender, the other didn’t.

In People v. Hofsheier, the California Supreme Court held that imposing mandatory sex offender registration on those convicted of oral copulation with a 16- or 17-year old pursuant to Penal Code Section 288(a)(b)(1), but not for those convicted "of unlawful sexual intercourse with a minor of the same age," violated equal protection. The sexual act, by itself, may not determine whether lifetime registration applies. Based on this reasoning, Luansing sought to vacate his sex offender registration requirement, arguing that "no rational distinction" existed to require registration for those convicted of oral copulation of a 16-or 17-year old, but not for those convicted of oral copulation of a 14- or 15-year old.

The California Court of Appeal agreed and on remand, directed the trial court to consider whether appellant is subject to discretionary registration pursuant to Penal Code Section 290.006, and, if so, to exercise that discretion in deciding whether to require his continued sex offender registration.

In all sex crimes cases it is important to have an experienced attorney on your side. The Southern California sex crime defense attorneys at Wallin & Klarich have over 40 years of experience handling sex crime accusations. Whether on appeal or not, our attorneys have the skill and expertise to provide you with the best possible defense. Registration as a sex offender can have a significant impact on your social and business life. By hiring an attorney at Wallin & Klarich you can be assured that you have some of the best attorneys in California on your side. The attorneys at Wallin & Klarich can be reached by phone at 1-888-749-0034 or through our website at www.wklaw.com.