More specifically, does a person convicted of PC 289.6(A) have to register under 290? It says people convicted of 289 are required, but there is nowhere I can find where those convicted of 289.6 are required. I know the law is pretty specific, so what say you? I say nay. Am I wrong?
PC289.6 does not require registration. The judge might order registration as a condition of probation. Anyone facing this charge, needs a criminal defense attorney.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
There is a catch-all provision under 290 that can allow the court to impose registration on even non-listed offenses, but you are correct; Penal Code 289.6(a)(1) does not require registration.
The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.
Section 290(c) states
Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) and (c) of Section 236.1, Section 243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the above-mentioned offenses; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the above-mentioned offenses.
Not required, but can be ordered by the court. That is why my colleagues have pointed out that it is very important that someone accused of this crime have an experienced criminal defense attorney representing them.
PC 290 registration does not appear to be mandatory for those convicted of PC 289.6(a). However, the Court can imposed registration pursuant to PC290.006.
Hell of a question. I would not take solace in reaching the conclusion that one would not have to register. A second offense of PC 289.6(a) would constitute a felony. A first offense, depending on the circumstances, may allow PC 289.6(a) to act as a wobbler where it could be charged as a misdemeanor or a felony. Regardless, it is a good enough question with weighty implications that it definitely merits hiring an attorney to delve further into it.
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