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290pc registrations exempt from internet posting?
Vallejo, CA
Viewed 161 times.
Posted 5 months ago in Criminal Defense
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I was convicted of a sex crime in the '80's but before the iternet 290pc posting requirement. Can I still comply with my 290pc requirements by registering with my local law enforcement department BUT not have the internet requirement where my picture, etc. is posted?
Answers (2)Jerod Gunsberg
This attorney is licensed in California.
Posted 5 months ago.
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This is an issue of what's known as "ex post facto punishment." and it's an issue the courts have wrestled with for awhile.
As of now, public access to sex offender registration data under PC 290.4 is permitted even if the offense occurred prior to the 2005 internet requirement. However, there is a case called <i>People v. Milligan</i> currently winding it's way through the California Courts that may be of interest to you. In <i>Milligan</i>, a person convicted of a sex offense in 1987 is challenging the various additions to the registration laws since his conviction. One cannot predict how the California courts will rule, but you should know that there is case law from the U.S. Supreme Court (Smith v. Doe), that permits internet notification for cases that pre-date the internet. If you're interested in reading more google: People v. Milligan, 166 Cal. App. 4th 1208 (pending re-hearing) Smith v. Doe, 538 U.S. 84 If you can't find the cases, contact me through this site and I will send them to you. Good luck.
Robert Lee Marshall
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