What Qualifies as a Sex Offense?
The list of criminal offenses that qualify as a sex crime in California is far too lengthy to include here; however, the majority of them are crimes that most of us would consider to be a sex offense. The following is a small sample list of the types of offenses the conviction of which may label the perpetrator as a sex offender:
- Rape
- Sexual battery
- Abduction of a minor for prostitution
- Sodomy
- Incest
- Lewd or lascivious acts with a minor
- Oral copulation
The status of a sexually violent predator, or SVP, is intended to be limited to individuals who are repeat violent sexual offenders. California was the fifth state in the nation to enact an SVP law back in 1996 that allows the state to civilly commit an individual even after he or she has completed the period of incarceration ordered by the court in a criminal proceeding.
Megan’s Law
The term “Megan’s Law” refers to the federal amendment to the Violent Crime Control and Law Enforcement Act of 1994 which requires active community notification of the presence of convicted sex offenders. Sadly, the law is named after a seven year old girl who was abducted and murdered in New Jersey by a repeat sex offender living almost right across the street from her family. The first state “Megan’s Law” was passed shortly after her death and was followed by the federal equivalent in 1996. Although sex offenders had been required to register with local law enforcement for decades there had never been a mechanism by which, much less a requirement for, the public to be notified of the presence of sex offenders in their neighborhood. Megan’s Law changed all of that by requiring the public dissemination of the whereabouts of convicted sex offenders.
Sex Offender Registration in California
So, who must register as a sex offender in California? As part of California’s Megan Law, most sex offenders are required to register in the State of California. The law essentially separates offenders into five categories that call for differing registration requirements:
- Home address category – The conviction of certain sex offenses requires that the home address of the offender be posted, along with other information about the registrant.
- Conditional home address category – The conviction of designated sex offenses, along with the conviction of any other sex offense requiring registration, requires that the home address be posted, along with other information about the registrant.
- Zip code category – Commission of certain other sex offenses requires that information about the offender, including his or her zip code and other information, but not including the home address, be posted on the web site.
- Undisclosed category – There is a category of registered sex offenders that may not be displayed on the Internet site. These are registrants who have been convicted of sex offenses not listed in the above three categories. Offenders in the undisclosed category must still register as sex offenders with local law enforcement agencies, and are known to law enforcement.
- Excluded category – Certain offenders can apply to be excluded from the website. Approximately 25 percent of all sex offenders are not listed on the website because the law forbids their inclusion.
Anyone can search for the location of a specific sex offender and/or the presence of registered sex offenders in their neighborhood anywhere in the United States by searching on the U.S. Department of Justice National Sex Offender Public Website, or NSOPW. Victims and members of the general public also have the option to sign up for e-mail or text message alerts when an offender is released or when a new offender moves into the neighborhood or near a child’s school.
Sexually Violent Predator Statute
California’s Sexually Violent Predator Statute allows the state to go one step farther than incarcerating an individual convicted of a sex offense. The SVP law permits the state to civilly commit an offender after completion of a prison sentence ordered as a result of conviction of a sex offense.
An offender who potentially meets the definition of a SVP can be referred to the district attorney as the prisoner nears the end of his or her prison sentence for possible civil commitment after release. For the SVP statute to apply, the individual must have a history of sexual offenses and must be found to be suffering from a mental disorder that makes it likely he or she will engage in sexually violent criminal behavior when released unless the individual is committed to a mental health facility prior to release.
For anyone accused of a sex offense, the laws and registration requirements that apply to a sex offense conviction should be taken extremely seriously. While any criminal conviction can have a direct impact on the defendant’s future, conviction of a sex offense, regardless of which offense, will label the defendant for the rest of his or her life.
More About Sex Crimes in California
For more information about sex crimes in San Diego and the state of California, the following related resources are available for your review:
- Registrable Sex Offenses (State of California Department of Justice)
- Summary of California Law on Sex Offenders (State of California Department of Justice)
- Welfare and Institutions Code Section 6600 (California Legislature)
- The California Sexually Violent Predator Statute: History, Description & Areas for Improvement (California Coalition on Sexual Offending)
If you have been contacted by law enforcement regarding an investigation or arrested for a sex offense in California, it is essential that you consult with an experienced California sex crime defense attorney as soon as possible to determine what defenses might be available to you.