Persons Convicted of Oral Copulation With a Minor Not Required to Register as Sex Offender - Penal Code Section 290

In a recent decision, the California Courts of Appeal, in the 6th Appellate District, ruled that a person convicted of receiving consensual oral sex from a minor is not required to register as a sex offender. The court held that imposing a registration requirement on those persons convicted of this offense would be a violation of their right to equal protection of the laws guaranteed by the 14th Amendment. The outcome of this decision is largely due to the fact that these offenders are similarly situated to those sex offenders who are not obligated to register.

In 1987, 21 year-old Michael Taravella was convicted as a sex offender for receiving oral copulation from a minor who was under 16 years of age. Taravella’s conviction obligated him to register as a California sex offender under Penal Code Section 290. In his attempt to terminate this obligation, Taravella argued on appeal that this registration requirement violates his right to equal protection of the laws because it is imposed on persons convicted of consensual oral copulation with a minor but not on persons convicted of consensual sexual intercourse with a minor. Taravella’s argument was premised on the fact that other than the nature of the underlying sexual act, there is no difference between the two offenses that would warrant differential treatment. The California appellate court agreed with this reasoning and struck down Taravella’s registration requirement.

California Penal Code Section 290 requires convicted sex offenders to register on an annual basis in California. This requires them to provide law enforcement with information as to where they live, work and where they attend school. A willful failure to register as a sex offender in Southern California city could result in a sentence of up to three years in state prison. Failure to register as a sex offender also constitutes a continuing offense, meaning that further penalties are incurred for every violation which can potentially accumulate substantial prison terms. Moreover, California law does not recognize forgetfulness or a lack of transportation as valid excuses for failing to register.

Registering as a sex offender is a lifetime obligation that can bring with it numerous debilitating consequences. Our Orange County criminal defense attorneys at Wallin & Klarich have been helping people defend themselves against sex crime allegations for other 40 years. Allow us to put our knowledge and skill to work for you. Call us at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.