Failure to Register as a Sex Offender (Penal Code § 290) in California

If you’re being charged under Penal Code § 290 for failing to register as a sex offender, the stakes are high, even if the mistake was minor, unintentional, or based on confusion about timing or address changes. Prosecutors don’t always care why you missed a step. They just want a conviction.

At The Nieves Law Firm, we push back against automatic assumptions of guilt. Whether you were given bad information, never got proper notice, or simply made a paperwork error, we’re here to build a defense that puts context front and center and fights to keep you out of custody and off the radar.

What is California’s Sex Offender Registration Act?

California Penal Code § 290 and related sections (known collectively as the Sex Offender Registration Act) require certain individuals convicted of sex offenses to register with law enforcement for a specified period, ranging from 10 years to life, depending on the offense.

The law is designed to track sex offenders and provide information to law enforcement and the public to enhance community safety. However, the registration requirements are extensive, complex, and strictly enforced.

Who Must Register Under PC 290?

You must register as a sex offender in California if you’ve been convicted of certain offenses, including:

• Rape (PC 261)
• Lewd acts with a child (PC 288)
• Oral copulation or sodomy under specific circumstances (PC 287, 286)
• Sexual battery (PC 243.4)
• Child pornography offenses (PC 311.1-311.11)
• Indecent exposure (PC 314)
• Pimping or pandering involving minors (PC 266h, 266i)
• Human trafficking for sexual purposes (PC 236.1)
• Certain kidnapping offenses with sexual intent
• Many other sex-related offenses

The registration requirement also applies to:

• People convicted of these offenses in other states, federal court, or military court
• People adjudicated as sexually violent predators
• Juveniles adjudicated for certain serious sex offenses

California’s Three-Tier Registration System

California uses a tiered registration system that determines how long you must register:

Tier One: 10 Years Minimum

Tier one offenders must register for at least 10 years. You’re a tier one offender if you were convicted of:

• A misdemeanor sex offense
• A felony sex offense that was not classified as serious or violent

Tier Two: 20 Years Minimum

Tier two offenders must register for at least 20 years. This includes convictions for:

• Serious or violent felony sex offenses
• Certain offenses involving force or minors
• Second or subsequent violations of PC 647.6 (child molestation)

Tier Three: Lifetime Registration

Tier three offenders must register for life. This category includes:

• Repeat sex offenders with multiple convictions
• Sexually violent predators
• High-risk offenders based on SARATSO risk assessment
• Convictions for the most serious sex crimes, including:
  • Aggravated sexual assault of a child (PC 269)
  • Lewd acts with a child under 14 using force (PC 288(b))
  • Rape with aggravating circumstances
  • Continuous sexual abuse of a child (PC 288.5)
  • Possession of child pornography depicting prepubescent minors or sadistic content

Registration Requirements Under PC 290

The Sex Offender Registration Act imposes numerous specific requirements:

Initial Registration

Within five working days of:

• Release from custody
• Sentencing (if not incarcerated)
• Moving to California from another state
• Changing your residence

You must register with:

• The police chief (if you live in a city with a police department)
• The sheriff (if you live in an unincorporated area or a city without police)
• Campus police (if you live on a university campus)

What You Must Provide

When registering, you must provide:

• Your full legal name and any aliases
• Your date of birth
• Your current address (or transient status if homeless)
• Your employment information and employer’s address
• Description of your vehicle(s) and license plate numbers
• Your fingerprints
• A current photograph
• Internet identifiers (email addresses, usernames for social media or messaging) if required by your conviction
• Proof of residence (driver’s license, utility bill, lease, etc.)

Annual Updates

Every year within five working days of your birthday, you must:

• Update your registration in person
• Provide current information
• Have a new photograph taken
• Verify all information is accurate

Change of Address Notifications

If you move, you must notify law enforcement:

• Within five working days before moving (if you know your new address)
• Within five working days after moving (if you didn’t know the address beforehand)

This applies to:

• Any change of residence
• Moving to a new city or county
• Moving out of state
• Becoming homeless/transient

Transient Registration Requirements

If you’re homeless or don’t have a residence, you must:

• Register initially within five working days
• Update your registration every 30 days thereafter
• Provide information about where you sleep, eat, work, and spend leisure time

College/University Registration

If you’re enrolled, employed, or volunteering at a college or university for more than 14 days (or 30 days aggregate per year), you must also register with campus police within five working days of:

• Starting enrollment or employment
• Ending enrollment or employment

Penalties for Failing to Register

Violating PC 290’s registration requirements is a separate crime with severe penalties:

Misdemeanor Failure to Register (PC 290.018(a))

If you’re required to register based on a misdemeanor sex offense conviction and you willfully fail to register, you face:

• Up to one year in county jail
• Fines
• Extension of your registration period by one additional year

Felony Failure to Register (PC 290.018(b))

If you’re required to register based on a felony sex offense conviction, or if you have a prior conviction for failing to register, a willful violation is punishable by:

• 16 months, 2 years, or 3 years in California state prison
• Substantial fines
• Extension of your registration period by three additional years
• Mandatory minimum of 90 days in county jail if granted probation

Enhanced Penalties

Certain circumstances trigger even harsher punishment:

Sexually Violent Predators (PC 290.018(f)): If you’ve been adjudicated as a sexually violent predator and fail to verify your registration every 90 days:

• Up to one year in county jail, OR
• State prison term

Transients (PC 290.018(g)): If you fail to update your registration every 30 days as required for transients:

• At least 30 days (but not more than 6 months) in county jail for first violation
• Felony charges for third or subsequent violations

Failure to Provide Proof of Residence (PC 290.018(h)): If you don’t provide proof of residence within 30 days:

• Up to six months in county jail (misdemeanor)

Failure to Provide Internet Identifiers (PC 290.018(i)): If you don’t report required internet identifiers:

• Up to six months in county jail (misdemeanor)

Collateral Consequences

Beyond the criminal penalties, failing to register can:

• Trigger parole or probation violations, resulting in revocation
• Result in a new felony conviction on your record
• Extend your total registration period significantly
• Lead to a warrant for your arrest
• Affect custody or visitation with your children
• Impact employment and housing opportunities

What Does “Willfully” Mean?

To convict you of failing to register, prosecutors must prove you acted “willfully”—meaning you knew about your registration obligation and purposefully failed to comply.

If you didn’t know about a requirement, forgot due to circumstances beyond your control, or were unable to register despite reasonable efforts, you may not have acted willfully.

Common Defenses to Failure to Register Charges

Several legal defenses may apply to PC 290.018 charges:

Lack of Knowledge

If you genuinely didn’t know you were required to register, or didn’t know about a specific requirement (like reporting internet identifiers or registering at a university), this can be a complete defense.

This might apply if:

• Law enforcement never informed you of your duty to register
• You were never provided the required notice forms
• The registration requirements changed and you weren’t notified
• Your conviction was from another state and you weren’t told it required California registration

Impossibility

If you tried to register but were unable to do so through no fault of your own, this can be a defense. Examples include:

• The registration office was closed when you tried to register
• You were hospitalized or incapacitated
• You were in custody elsewhere
• Natural disasters or emergencies prevented registration

Lack of Willfulness

If you missed a deadline or forgot to register due to circumstances beyond your control, you may not have acted willfully:

• Mental health conditions affecting memory
• Medical emergencies
• Genuine confusion about deadlines or requirements

Actual Compliance

Sometimes law enforcement makes mistakes and charges people who actually did register. Evidence proving you complied on time can defeat the charges:

• Registration receipts or documentation
• Witness testimony from registration personnel
• Video surveillance showing you at the police station
• Computer records showing you registered

Constitutional Violations

If law enforcement violated your rights during the investigation or arrest, evidence may be suppressed:

• Illegal searches or seizures
• Failure to provide Miranda warnings during custodial interrogation
• Coerced statements or confessions

Insufficient Evidence

The prosecution must prove every element beyond a reasonable doubt. If the evidence is weak or ambiguous about:

• Whether you actually knew about the requirement
• Whether you willfully violated it
• The exact timing of events

you should not be convicted.

Special Registration Situations

Moving Out of State

If you move out of California, you must:

• Inform your local law enforcement agency in person within five working days
• Tell them your planned destination
• Register in your new state according to that state’s laws

Temporarily Leaving California

If you’re visiting another state for work or school for more than 14 days (or 30 days aggregate per year), you may need to register in that state as well, depending on their laws.

Multiple Residences

If you regularly reside at more than one address, you must register at each location where you regularly stay, regardless of how many nights you spend there.

Returning from Incarceration

If you’re incarcerated for less than 30 days and return to your last registered address, you typically don’t need to re-register unless your birthday (annual update) fell during incarceration.

Immigration Status Changes

If you’re facing deportation or immigration proceedings, failing to register can:

• Be used as evidence of bad moral character
• Affect your eligibility for relief from removal
• Result in additional criminal charges that complicate your case

Internet Identifier Requirements

If you were convicted of certain felonies after January 1, 2017, and the court determined you used the internet to facilitate your crime, you must register all internet identifiers, including:

• Email addresses
• Social media usernames (Facebook, Instagram, Twitter, TikTok, etc.)
• Instant messaging handles
• Any other usernames used for direct online communication

You must update this information within 30 days if you add or change any internet identifier.

The SARATSO Risk Assessment

Many sex offenders are assessed using the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO), which evaluates your risk of reoffending. Your risk level can affect:

• Whether you’re classified as tier three based on risk alone
• Whether your information appears on the public Megan’s Law website
• Community notification decisions by law enforcement
• Your ability to petition for removal from the registry

Petitioning for Removal from the Registry

Tier one and tier two offenders may petition for removal from the registry after completing their minimum registration period:

• Tier One: Can petition after 10 years (5 years for juveniles)
• Tier Two: Can petition after 20 years (10 years for juveniles), with some exceptions allowing earlier petitions
• Tier Three: Generally cannot petition for removal (with limited exceptions)

However, if you fail to register and get convicted, your registration period can be extended by years, delaying or eliminating your ability to petition for removal.

What Most People Don’t Know About PC 290

You can be charged multiple times: Each registration requirement you violate is a separate offense. Missing your annual update AND failing to report a change of address equals two charges.

The 5-day deadline is strictly enforced: “Within five working days” means exactly that—not calendar days. Missing the deadline by even one day can result in charges.

Registering at the wrong agency doesn’t count: If you register with the wrong law enforcement agency (sheriff instead of police, or vice versa), you haven’t fulfilled your obligation.

Verbal notice isn’t sufficient: You must appear in person for most registration requirements. Calling or sending a letter generally doesn’t comply.

Internet identifiers include more than you think: Any username used for direct communication between users must be reported, even for apps you rarely use.

Your registration can affect your family: Restrictions on where registered sex offenders can live can impact your spouse and children’s housing options.

Federal charges may also apply: Failure to register can be prosecuted federally under the Sex Offender Registration and Notification Act (SORNA) if you travel interstate.

Frequently Asked Questions

What if I registered late but before I was arrested?

While registering late is still a violation, doing so before law enforcement contacts you may be considered a mitigating factor. However, it doesn’t erase the violation.

Can I be charged if I was never told I had to register?

Law enforcement is required to inform you of your registration duties. If they failed to do so properly, this can be a strong defense. However, the burden is on you to prove you were never informed.

What if I’m homeless and have nowhere to register?

You still must register as a transient and update every 30 days, even without a fixed address. Failure to do so will result in charges.

Do I have to register if my conviction was expunged?

Yes. Expungement under PC 1203.4 does not eliminate the duty to register. Only a certificate of rehabilitation under PC 290.5 or successful petition for removal from the registry terminates the obligation.

Can GPS monitoring prevent failure to register charges?

While some parolees are placed on GPS monitoring, you still must physically appear and complete registration requirements. GPS monitoring doesn’t substitute for registration.

Why You Need an Experienced Criminal Defense Attorney

Failure to register charges are complex and require an attorney who understands both the substantive requirements of PC 290 and the defenses available. An experienced attorney can:

• Investigate whether you were properly informed of your registration duties
• Challenge the prosecution’s evidence that you acted willfully
• Present evidence of good faith compliance efforts
• Negotiate for reduced charges or alternative sentencing
• Protect you from excessive penalties and registration extensions
• Challenge improper searches or constitutional violations
• Work to keep you out of prison and minimize additional registration time

Without proper representation, you risk harsh penalties that could have been avoided.

How The Nieves Law Firm Can Help

If you’re facing failure to register charges under Penal Code § 290.018, The Nieves Law Firm is prepared to mount an aggressive defense. We understand that these violations often result from confusion, honest mistakes, or circumstances beyond your control—not willful defiance of the law.

Our approach includes:

• Thoroughly investigating the circumstances of your alleged violation
• Obtaining evidence that you attempted to comply or weren’t properly informed
• Challenging the prosecution’s evidence of willfulness
• Presenting mitigating factors to prosecutors and judges
• Negotiating for reduced charges, alternative sentencing, or dismissals
• Fighting to prevent extensions of your registration period
• Protecting your freedom and your future

We’ve successfully defended clients against failure to register allegations and know what it takes to achieve favorable outcomes in these technical, high-stakes cases.

Don’t let a registration violation destroy your progress. Contact The Nieves Law Firm today for a confidential consultation about your case. We’re ready to fight for you.