Senate Bill 384 transitions California’s ineffectual and outdated lifetime sex offender registration scheme to a tier-based system. SB 384 establishes three tiers of registration for adult registrants for periods of 10 years, 20 years, and life, and two tiers of registration for juvenile registrants for periods of 5 years and 10 years.
The new law requires registrants to petition the superior court or juvenile court for termination of their sex offender registration requirement at the expiration of their mandated minimum registration period ("MRP"). The district attorney will have a right to request a hearing if they deem that community safety would be significantly enhanced by the petitioner’s continued registration. Based on certain criteria, the court will either grant or deny the petition. If the court denies the petition, the individual will not be able to re-petition for a period of 1-5 years.
With the help of United LDA, we will prepare the petition at your discretion for a fraction of the cost of hiring a lawyer.
With the help of United LDA, we will prepare the petition at your discretion for a fraction of the cost of hiring a lawyer. We will utilize over thirty years of experience doing this work to ensure it is done correctly, timely, and professionally. It is as easy as following three simple steps:
It is as easy as that. Lawyers will charge you thousands of dollars to complete the work whereas we will charge you hundreds. If you can’t afford the costs, we will set up a payment plan. The most important thing is to make sure you file the petition and together, we can get this done.
The California Department of Justice (CA DOJ) Sex Offender Registry has developed the following frequently asked questions in reference to Senate Bill (SB) 384. The information provided below is general information and is not intended as legal advice.
Tiers are primarily offense specific. In limited instances, risk assessment scores and levels and other criteria may play a consideration however, these instances are rare. There is still ongoing debate as to appropriate tier placement, however, the following “predictions” were made by the wonderful people at ACSOL and are based upon the current tiered registry law contained within the SB384 statute itself.
| CA Penal Code Section | Offense Description | Likely Adult Tier |
| 187 | Murder while committing or attempting, 286, 288, 287, 288a, 289, or rape [no statute specified] | T3 |
| 207 or 209 | Kidnapping, when committed with intent to violate 261, 286, 288, 288a, or 289 | T3 |
| 220(a),(b) | Assault, or assault in connection with a first-degree burglary, with intent to commit rape, sodomy, oral copulation [statutes not specified], or any violation of 264.1, 288, or 289 | T3 |
| 236.1(b) | “Human trafficking” – violating another’s personal liberty to effect violation of 266, 266h, 266i, 266j, 267, 311.1 through 311.6, or 518 [extortion, not registrable] | T3 |
| 236.1(c) | “Human trafficking” – inducing a minor to engage in a commercial sex act to effect violation of 266, 266h, 266i, 266j, 267, 311.1 through 311.6, or 518 (extortion, not registrable) | T3 |
| 243.4(a) | Sexual battery (sexual touching) when victim unlawfully restrained [wobbler] | T3 if felony;
T1 if misdemeanor |
| 243.4(b) | Sexual battery of victim institutionalized for medical treatment [wobbler] | T1 |
| 243.4(c) | Sexual battery when misrepresenting that it is for a medical purpose [wobbler] | T3 if felony;
T1 if misdemeanor |
| 243.4(d) | Sexual battery by causing victim to touch intimate parts of another [wobbler] | T3 if felony;
T1 if misdemeanor |
| 243.4(e) | Misdemeanor sexual battery | T1 |
| 243.4(j) | Sexual battery with minor, with prior 243.4 conviction [felony] | T1 |
| 261(a)(1) | Rape of a non-spouse incapable of giving consent because of mental disorder or disability | T1 or T2 |
| 261(a)(2) | Forcible rape of a non-spouse | T3 |
| 261(a)(3) | Rape of non-spouse incapable or resisting because of intoxication | T3 |
| 261(a)(4) | Rape of a non-spouse unconscious of the nature of the act | T3 |
| 261(a)(5) | Rape when consent procured by fraud | T1 or T2 |
| 261(a)(6) | Rape of a non-spouse under threat of future retaliation | T2, but T3 if sentenced under 667.61 or 667.71 |
| 261(a)(7) | Rape of non-spouse under threat of government authority | T1 or T2 |
| 262(a)(1) | Rape of a spouse, if forcible and defendant sentenced to prison | T3 |
| 262(a)(4) | Rape of a spouse under threat of future retaliation [not listed as registerable in 290(c)] | May not be tiered, but T3 if sentenced under 667.61 or 667.71 |
| 264(c)(1)-(2) | Rape of a minor (as defined in 261 or 262) | T3 |
| 264.1 | Acting in concert with others by force or violence to violate 261, 2262, 0r 289 | T3 |
| 266 | Inveigling a chaste unmarried female under 18 into a house of ill fame [wobbler] | T1 |
| 266c | Inducing someone to engage in intercourse, penetration, oral copulation, or sodomy by false statements meant to induce fear | T1 |
| 266h(b) | Pimping a minor; deriving income from a prostitute who is a minor | T3 |
| 266i(b) | Pandering a minor | T3 |
| 266j | Procuring a child under 16 for a lewd or lascivious act, as specified | T3 |
| 267 | Abducting a person under 18 from their legal guardian for purpose of prostitution | T3 |
| 269 | Aggravated sexual assault of a minor 14 years or younger by someone 7 years older | T3 |
| 272 | Contributing to the delinquency of a minor or luring a minor under 14 away from home, if involves lewd or lascivious conduct | T3 |
| 285 | Incest, when both participants are 14 or older | T2 |
| 286(b)(1) | Sodomy with person under 18 [misdemeanor or wobbler] | T1 |
| 286(b)(2) | Sodomy by person over 21 against person under 16 [felony] | T1 |
| 286(c)(1) | Sodomy with person who is under 14 and no more than 10 years younger than offender | T2, but T3 if sentenced under 667.61 or 667.71 |
| 286(c)(2) | Forcible sodomy | T3 |
| 286(c)(3) | Sodomy with fear of retaliation | T2, but T3 if sentenced under 667.61 |
| 286(d) | Sodomy in concert with force or fear of retaliation | T3 |
| 286(e) | Sodomy while in jail or state prison [misdemeanor] | T1 |
| 286(f) | Sodomy with victim unconscious to the nature of the act | T3 |
| 286(g) | Sodomy with victim who has disability or mental disorder | T2 |
| 286(h) | Sodomy, where both victim and offender confined to institution for disorder or disability [wobbler?] | T2 |
| 286(i) | Sodomy with intoxicated victim unable to resist | T3 |
| 286(j) | Sodomy when consent procured by fraud [felony] | T1 |
| 286(k) | Sodomy under threat of governmental authority [felony] | T1 |
| 288(a) | Nonforcible lewd or lascivious act with child under 14 with sexual intent | T2 if 1st offense, but T3 if under 667.61 or 667.71; T3 if 2nd offense |
| 288(b) | Forcible lewd or lascivious act with child under 14 or dependent person | T3 |
| 288(c) | Nonforcible lewd or lascivious act with victim 14 or 15 years old, and offender more than 10 years older; or nonforcible lewd acts against dependent person by caregiver [wobbler] | T3 |
| 288a(b)(1) or 287(b)(1) | Oral copulation with person under 18 [wobbler?] | T1 |
| 288a(b)(2) or 287 (b)(2) | Oral copulation with person under 16 when offender is over 21 [felony] | T1 |
| 288a(c)(1) or 287(c)(1) | Oral copulation with person under 14 when offenders is more than 10 yrs older | T2, but T3 if sentenced under 667.71 |
| 288a(c)(2) or 287(c)(2) | Forcible oral copulation | T3 |
| 288a(c)(3) or 287 (c)(3) | Oral copulation under threat of future retaliation | T2, but T3 if sentenced under 667.61 or 667.71 |
| 288a(d) or 287(d) | Oral copulation in concert with force, under threat of retaliation, or victim is incapable of giving consent | T3 |
| 288a(e) or 287(e) | Participates in oral copulation while in jail or state prison [misdemeanor] | T1 |
| 288a(f) or 287(f) | Oral copulation with victim unconscious of the nature of the act | T3 |
| 288a(g) or 287(g) | Oral copulation with victim who has disability or mental disorder | T2 |
| 288a(h) or 287(h) | Oral copulation when both offender and victim are in institution for disability or disorders [misdemeanor] | T2 |
| 288a(i) or 287(i) | Oral copulation with intoxicated or drugged victim incapable of resisting | T3 |
| 288a(j) or 287(j) | Oral copulation when consent procured by fraud [felony] | T1 |
| 288a(k) or 287(k) | Oral copulation under threat of government authority [felony] | T1 |
| 288.2 | Providing “harmful material” to a minor or person believed to be a minor [wobbler’ only felony is registerable] | T3 |
| 288.3 | Communication with a minor with intent to violate 207, 209, 261, 264.1, 273a, 286, 287, 288, 288a, 288.2, 289, 311.11, 311.2, 311.4 or 311.11 | T3 (absent exception) |
| 288.4 | Arranging a meeting with a minor or person believed to be a minor with intent to commit sex offense [misdemeanor if meeting not completed, otherwise felony; felony if defendant has prior registerable conviction] | T3 |
| 288.5 | Continuous sexual abuse of a child (3 or more acts of sexual abuse in less than 3 months with a child under 14 with whom one lives or has regular access) | T3 |
| 288.7 | Intercourse with a victim 10 years of age or younger | T3 |
| 289(a)(1) | Forcible sexual penetration | T3 |
| 289(a)(2) | Sexual penetration under threat of retaliation | T2, but T3 if sentenced under 667.61 |
| 289(b) | Sexual penetration with victim who has disability or mental disorder | T2 |
| 289(c) | Sexual penetration where both victim and offender confined to institution for disorder or disability | T1 |
| 289(d) | Sexual penetration with victim unconscious of the nature of the act | T3 |
| 289(e) | Sexual penetration with intoxicated or drugged victim incapable of resisting | T3 |
| 289(f) | Sexual penetration when consent procured by fraud [felony] | T1 |
| 289(g) | Sexual penetration with threat of government authority [felony] | T1 |
| 289(h) | Participation in sexual penetration with person under 18 [misdemeanor] | T1 |
| 289(i) | Person over 21 who participates in sexual penetration with person under 16 | T1 |
| 289(j) | Sexual penetration with victim under 14 and more than 10 years younger than defendant | T3 |
| 311.1 | Distribution, exchange, or exhibition of obscene matter depicting minor engaging in or simulating sexual conduct [wobbler] | T3 if felony;
T1 if misdemeanor |
| 311.2(b) | Possession, production, or distribution for commercial consideration, matter that depicts a minor engaging in or simulating sexual conduct [felony] | T3 |
| 311.2(c) | Possession, production, or distribution for commercial consideration, matter that depicts a minor engaging in or simulating sexual conduct, shown to or exchanged with an adult [wobbler on 1st offense; felony on 2nd offense] | T3 |
| 311.2(d) | Possession, production, or distribution for commercial consideration, matter that depicts a minor engaging in or simulating sexual conduct, shown to or exchanged with a minor [felony] | T3 |
| 311.3 | Sexual exploitation of a child (knowingly develops, duplicates, prints, or exchanges any representation that depicts a minor engaged in sexual conduct) [misdemeanor, unless prior related offense] | T3 |
| 311.4(a)-(c) | Hiring or using a minor for acts specified in 311.2 [wobbler] | T3 |
| 311.11 | Possessing or controlling any matter depicting minor engaged in or simulating sexual conduct [wobbler] | T3 if felony; T1 if misdemeanor |
| 314 | Exposing oneself willfully and lewdly where others may be offended or annoyed, or assists another in doing so [misdemeanor, unless prior conviction for 314 or 288] | T1 |
| 647.6(a)-(c) | Annoying or molesting a child under 18 [misdemeanor on 1st offense; felony if done after entering dwelling, or defendant has prior sex offense conviction; | T1 (1st conviction); T2 (second conviction) |
| 653f(c) | Soliciting another to commit a specified sex offense, including forcible rape, sodomy or oral copulation or any violation of 264.1, 288, or 289 [felony] | T3 |
| Exceptions and Enhancements | ||
| 2nd “violent felony” | Any second, subsequent conviction for the following violent felonies as defined by 667.5(c): 187, 207, 209, 220, 261(a)(2), (a)(6); 262(a)(1), (a)(4); 286(c), (d); 287(c), (d); 288(a), (b); 288a(c), (d); 289(a), (j); 288.5; 261.4 | T3 |
| 667.61 | Any sex offense with a life sentence, or a sentence of 15 years to life, sentenced pursuant to 667.61. Section 667.61 provides enhanced penalties for violating 261(a)(2), (a)(6); 262(a)(1), (a)(4); 264.1; 286(c)(2), (c)(3), (d); 287(c)(2), (c)(3), (d); 288(a), (b); 288a(c)(2)(c)(3), (d); 288.5; 289(a) | |
| 667.71 | A “habitual sex offender” punished pursuant to 667.71 upon a second, separate conviction for violating 207(b); 208(d); 209(b); 261(a)(2), (a)(6); 262(a)(1), (a)(4); 261.4; 269; 286(c),(d); 288(a), (b); 288a(c), (d), 288.5; 289(a), (j) | T3 |
| SARATSO score | A SARATSO score “well above average at the time of release” | T3 |
| W&I § 6600 | A “sexually violent predator” | T3 |
| 290.004 | A “mentally disordered sex offender, or a plea of not guilty by reason of insanity” | T3 |
Important Disclaimer: This page is intended for informational purposes only. We do not guarantee any results for any case and the information on this page is not intended nor should it be construed as legal advice. If you need legal advice, please consult an attorney.
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