California Penal Code §290 — Sex Offender Registration
PC §290 is California's sex offender registration statute — creating a tiered system (Tier 1: 10 years; Tier 2: 20 years; Tier 3: lifetime) that requires registration within 5 working days of release, annual re-registration on your birthday, and address updates within 5 working days of any move. Failure to register under PC §290.018 is itself a wobbler felony carrying up to 3 years in state prison. Registration is separate from — and in addition to — any underlying sentence.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Sex Offender Registration Cases in All LA County Courts
01 — Quick Facts
PC §290 — Sex Offender Registration at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §290 — Sex Offender Registration Act |
| Code Type | Penal Code (PC) |
| Tier 1 (Lowest) | 10 years minimum — most misdemeanor sex offenses |
| Tier 2 (Mid-Level) | 20 years minimum — felony §288(c), §243.4(a), etc. |
| Tier 3 (Highest) | Lifetime — §261, §288(a)/(b), §288.5, §288.7 |
| Registration Deadline | Within 5 working days of release or move-in |
| Annual Update | Within 5 working days of your birthday |
| Address Update | Within 5 working days of any move |
| Failure to Register | PC §290.018 — Wobbler, up to 3 years state prison |
| Termination Petition | PC §290.5 — Available Tier 1 (after 10 yrs) / Tier 2 (after 20 yrs) |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §290?
What Is California Penal Code §290?
PC §290 Reads:
"Every person described in subdivision (c), for the rest of his or her life while residing in California, or while attending school or working in California ... shall register with the chief of police of the city in which he or she is residing ... within five working days of coming into, or changing his or her residence within, any city, county, or city and county."
— California Penal Code §290(b)
PC §290 requires anyone convicted of a listed sex offense — plus certain juvenile adjudications and out-of-state equivalents — to register as a sex offender with local law enforcement. Since Senate Bill 384 (effective 2021), registration is tiered rather than automatically lifetime, and Tier 1 and Tier 2 registrants may petition for termination after their qualifying period.
The Tier Structure
SB 384 created three tiers based on the underlying offense. Tier assignment is determined by the offense of conviction, not the sentence imposed.
Tier 1 — 10 Years
Most misdemeanor sex offenses (indecent exposure, misdemeanor §243.4). Termination available by petition after 10 years registered with no new qualifying convictions.
Tier 3 — Lifetime
Most serious felony sex offenses — §261 rape, §288(a)/(b) lewd act on minor, §288.5, §288.7. No termination available.
Why Registration Matters
Registration is not a sentence — it is a lifetime supervisory scheme with independent criminal exposure. A single missed deadline can trigger a new felony filing under PC §290.018 carrying up to 3 years in state prison. Registrants also face residency restrictions in many jurisdictions, Megan's Law website presence, and severe collateral consequences for housing, employment, and family life.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §290
To convict a defendant under PC §290.018 (failure to register), the prosecution must prove each of the following elements beyond a reasonable doubt.
You Are Required to Register Under PC §290
The defendant must be a person required to register based on a qualifying prior conviction, out-of-state equivalent, or juvenile adjudication.
You Willfully Failed to Register
Failure must be willful — knowing of the registration obligation and choosing not to comply. Mistake, incapacitation, medical emergency, and homelessness/unstable-housing situations frequently defeat this element.
You Had Notice of the Registration Requirement
The People must prove the defendant received actual notice of the specific obligation that was violated (initial registration, annual update, address change). PC §290.015 requires written notice at sentencing.
04 — Penalties
Penalties for PC §290 Sex Offender Registration in California
Failure to register under PC §290.018 is itself a wobbler. Registration duties continue while any §290.018 charge is pending.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Failure to Register (Misdemeanor Prior) | PC §290.018(a) | Up to 1 year county jail | Yes | No |
| Failure to Register (Felony Prior) | PC §290.018(b) | 16 months, 2, or 3 years state prison | Available | No |
| Second Failure to Register | PC §290.018(f) | Enhanced sentencing — up to 3 years | Limited | No |
| Underlying Tier 3 Offense (Reference) | PC §290(d)(3) | Lifetime registration | N/A | Depends on offense |
Enhancements That Increase §290 Exposure
Multiple Failures to Register
PC §290.018(f)
Second and subsequent failures within a single registration cycle are aggravated.
Willful Move Without Notification
PC §290.013
Change of address without 5-working-day notification is a separate violation.
Registration by Transient Requirement
PC §290.011
Transient registrants must update every 30 days — separate violation for each missed update.
Interstate Move Without Notification
SORNA / 18 USC §2250
Federal Sex Offender Registration and Notification Act adds parallel federal exposure for interstate moves without registration.
Underlying Offense Enhancements
PC §667.71 / §667.61
Habitual sex offender enhancements apply if new conviction is a qualifying sex offense.
Beyond the Sentence
- Public Megan's Law website presence in most cases
- Residency restrictions in certain jurisdictions (parks, schools)
- Employment ineligibility across most professional licenses
- Public housing ineligibility
- Foreign travel notification under International Megan's Law
- Automatic firearm prohibition under 18 USC §922(g)
- Loss of parental rights and family court consequences
- Employment background-check disqualification
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §290 Sex Offender Registration Charges
PC §290 cases turn on willfulness, notice, and — for termination petitions — the client's post-registration record.
No Willful Failure — Homeless/Transient Status
Transient registrants face heightened logistical burdens. Loss of housing, hospitalization, and other extreme circumstances defeat the willfulness element.
People v. Barker
Lack of Notice
Failure of the sentencing court, jail, or supervising officer to provide the specific PC §290.015 notice is a defense. We obtain the entire registration file and check every notice.
PC §290.015
Underlying Conviction Not Registerable
Some out-of-state and pre-SB-384 convictions do not require California registration. We litigate this on habeas or motion to dismiss.
PC §290(c) / SB 384
SB 384 Tier Reduction / Termination Petition
Under PC §290.5, Tier 1 registrants can petition after 10 years, Tier 2 after 20 years. We prepare and prosecute termination petitions with full record collection.
PC §290.5
Certificate of Rehabilitation
Certificates of Rehabilitation under PC §4852.01 do not eliminate §290 duties but can support termination and pardon petitions.
PC §4852.01
Statutory Interpretation Defense
Complex registration schemes (transient, campus, employment) generate honest confusion. We litigate ambiguity in the defendant's favor.
Rule of Lenity
Reasonable Necessity
Medical emergency, incarceration in another jurisdiction, and other reasonable necessities defeat willfulness.
CALCRIM 1170
Constitutional Sources
07 — Court Process
How PC §290 Sex Offender Registration Cases Move Through Los Angeles Courts
PC §290.018 cases proceed through the felony or misdemeanor track based on the underlying offense classification.
- 1
Step 1 — Failure Discovered
Failure typically discovered at annual re-registration, address check, or arrest for another offense. Detectives frequently seek an interview — do not agree.
- 2
Step 2 — Filing Decision
DA reviews the registration history, prior FTR conviction, and current circumstances to file misdemeanor or felony.
- 3
Step 3 — Arraignment
Charges filed. Bail typically $20,000–$50,000 for felony FTR with a Tier 3 underlying offense.
- 4
Step 4 — Motion Practice
PC §995 dismissal (challenging registerability), notice motion, and statutory interpretation motions frame the trial.
- 5
Step 5 — Termination Petition (Parallel Track)
Where the client's Tier 1 or Tier 2 registration period has elapsed, we file a PC §290.5 termination petition to end registration duties entirely.
- 6
Step 6 — Resolution — Plea, Trial, or Reduction
Outcomes range from PC §17(b) misdemeanor reduction to felony trial.
Los Angeles Courts That Handle PC §290 Sex Offender Registration Cases
PC §290 cases are filed in the courthouse where the registration duty was owed.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Sex Offender Registration Defense Attorney
Daniel S. Rubin has defended clients charged with sex offender registration and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §290 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Sex Offender Registration Cases Throughout LA County
09 — FAQs
PC §290 Sex Offender Registration Questions — Los Angeles
What is the SB 384 tiered registration system?
Senate Bill 384 (effective January 1, 2021) replaced California's automatic-lifetime registration with three tiers: Tier 1 (10 years, most misdemeanor sex offenses), Tier 2 (20 years, mid-level felony sex offenses), and Tier 3 (lifetime, most serious felony sex offenses). Tier 1 and Tier 2 registrants may petition for termination after their qualifying period under PC §290.5.
How do I petition to terminate my registration under PC §290.5?
File a verified petition in the county of your last conviction after your qualifying period (10 years Tier 1, 20 years Tier 2). The court sets a hearing; the DA may object. The court considers your registration compliance, any new convictions, and public safety factors. A well-prepared petition with employment history, treatment records, and character letters is essential.
What happens if I miss a registration deadline?
Failure to register within 5 working days of a triggering event (release, move-in, birthday) is a violation of PC §290.018. It is a wobbler — misdemeanor if the underlying offense was a misdemeanor, felony (up to 3 years state prison) if the underlying was a felony. The state prosecutes willful failures — mistake, hospitalization, and reasonable necessity are defenses.
Do I have to register if I move to California from another state?
Yes. If your out-of-state conviction is equivalent to a California registerable offense, you must register within 5 working days of establishing California residence. If it is not equivalent, you may still be required to register if the underlying conduct would have violated a California sex offense statute. This 'equivalency' analysis is highly litigation-worthy.
Am I on the Megan's Law public website?
PC §290.46 governs website inclusion. Registrants convicted of listed serious offenses appear automatically; others may be excluded upon petition. If your offense is not listed for automatic disclosure, or if you meet §290.46(e) exclusion criteria, you can petition for removal.
Can I travel internationally as a sex offender registrant?
Yes — but under the International Megan's Law (34 USC §21503), your U.S. passport is stamped with a unique identifier, and the U.S. notifies destination countries in advance. Many countries deny entry to registrants regardless. Plan international travel carefully with counsel.
What are the residency restrictions for §290 registrants?
The statewide Jessica's Law residency restriction (2000-foot bar from schools/parks) was ruled unconstitutional as applied by In re Taylor (2015) 60 Cal.4th 1019. But local ordinances remain in many cities and counties. Post-release parole conditions may still impose restrictions.
Do I have to register if my conviction was expunged or reduced?
Yes — an expungement under PC §1203.4 or reduction under PC §17(b) does NOT relieve you of §290 duties. The only avenues to end registration are a PC §290.5 SB 384 termination petition (Tier 1 or 2), a Certificate of Rehabilitation followed by a Governor's pardon, or an underlying conviction vacatur/reversal.
Available 24/7 — Free Consultation
Facing §290 Failure to Register — or Ready to End Registration?
Whether you're facing a PC §290.018 filing or ready to petition for termination under SB 384, Rubin Law, P.C. handles the entire §290 landscape. Call (213) 723-2337 for a confidential consultation.