If you are facing a sex offense charge in San Diego, it is important to understand the consequences that may apply.
California currently requires individuals who have been convicted of designated sexual offenses to register with their local police station or sheriff’s department.
The current registration requirement is lifetime registration. Starting January 1, 2021, however, the sex-offender registry system in California will be divided into three tiers.
Two of which will allow for registration termination after certain requirements are met.
If you would like to speak with a California sex crimes attorney, please contact the team at The Law Offices of Kerry L. Armstrong, APLC today.
Key Points:
- California sex offender tiers group registrants into different levels based on the offense and assessed risk, which affects how long registration is required.
- The tier system is designed to distinguish between lower-risk and higher-risk cases, rather than treating all registrants the same.
- Registration requirements in California can vary significantly depending on the assigned tier, including duration and reporting obligations.
- Understanding how sex offender tiers work in California can help individuals better understand their obligations and whether future relief or changes may be possible.
What Are the Three Tiers of the Sex Offender Registry in California?
Under the new California Penal Code section 290, the sex-offender registry in the state is divided into three tiers.
Eligibility for each tier is determined case by case and is subject to evaluation and determination by a judge.
The criteria that a judge will consider include the severity of the crime, the number of offenses, and the results of risk assessment tools.
Registrants from tiers one and two must remain registered for a mandatory minimum number of years.
Those who meet mandatory minimum requirements under the new rule can petition for termination of their sex-offender registration requirement.
The mandatory minimum period begins on the date of release from incarceration, placement, or commitment.
If you believe you meet the mandatory minimum, you must continue to register until a California court grants your termination.
If you disagree with your tier designation, you should consult with an attorney to determine whether you can appeal the decision.
Tier 1
Tier one convictions include a sexual battery (misdemeanor and felony), misdemeanor child pornography, and indecent exposure.
Individuals who are ordered to register by a court are designated as tier one unless the court finds that the person meets the criteria for tier two or tier three designation.
The court must make these findings on the record.
The mandatory minimum registration period for individuals deemed tier-one registrants is ten years if they were convicted in adult court and five years if they were convicted in juvenile court.
Tier 2
Tier 2 convictions include incest, rape (if the victim is over 18), and lewd acts with a minor under 14.
If the court determines the individual must register as a tier two registrant, the mandatory minimum registration period is 20 years if they were convicted in adult court and ten years if they were convicted in juvenile court.
Tier 3
Tier 3 convictions include sex trafficking children, aggravated sexual assault of a child, and sending harmful material to seduce a minor.
If a court determines that the registrant must register as tier three, the mandatory minimum registration period is lifetime registration.
Different Charge Levels: State vs. Federal
In California, as in other states, the charges for sex offenses differ at the state and federal level.
If you are required to register in California after being convicted in another state, or at the federal level, then your tier will be assessed based on the equivalent California registrable offense.
If there is no such equivalent, you will be registered as a tier two registrant. However, you may be subject to tier three registration if you meet one of three exceptions.
What Is Megan’s Law?
In 1994, the federal government passed the Wetterling Act, which required all 50 states to establish sex-offender registries.
In 1996, the government amended the Act to require states to make information about sex offenders that are deemed relevant to public safety available to the public.
This amendment is called Megan’s Law.
Under California Megan’s Law, found at Penal Code section 290.46, the California Department of Justice must maintain a website that provides information regarding sex-offender registrants.
Information provided on the website includes the registrant’s name, home address (for the more serious offenders), the sex crime for which they were convicted, and physically identifying information.
Registrants who meet certain criteria can apply for exclusion under Megan’s Law.
Due to recent changes in the law, if you were previously granted exclusion from the California Megan’s Law website, you may no longer be eligible for exclusion.
The California Department of Justice determines whether exclusions permitted under the previous law are still eligible for exclusion under the new amendments.
If you were previously granted an exclusion, you should consult with an attorney to determine whether you are still eligible.
Please be advised, if you are a registered sex offender in California, it is illegal for you to access the sex-offender registry information on California’s Megan’s Law website.
Facing sex offender registration questions in California?
If you’re unsure which tier applies to you—or how registration could affect your life—you need more than general information. You need a legal guide who understands California law and how these cases truly play out. The Law Offices of Kerry Armstrong provides experienced, confidential defense focused on protecting your rights, reputation, and future.
- Get clear answers about your tier classification
- Understand your legal options and next steps
- Act early to avoid costly mistakes
The sooner you understand where you stand, the more control you regain over what happens next.
Hire An Experienced San Diego Criminal Defense Attorney to Help
The sex offender registry system in California will soon undergo significant changes.
To ensure that you don’t miss out on possible termination of your registration requirement, it is important to seek the help of an experienced attorney.
The sex crimes attorneys at The Law Offices of Kerry L. Armstrong, APLC, have a strong record of defending individuals on the sex offender registry.
You don’t need to go through this alone.
We will walk you through your options, step by step. We will help you determine the strongest defense strategy for your case.
Contact us today for a free confidential case review.
California Sex Offender Tiers: Frequently Asked Questions
What are California sex offender tiers?
+California sex offender tiers are part of a tiered registry system that groups registrants into different levels based on the offense and other risk-related factors. The assigned tier affects the length of sex offender registration in California and what ongoing reporting obligations may apply.
How many tiers are in the California tiered registry system?
+California generally uses three tiers. These are commonly referred to as Tier 1 sex offender California, Tier 2 sex offender California, and Tier 3 sex offender California. Each tier generally corresponds to a different registration length and level of supervision requirements.
What is Tier 1 sex offender registration in California?
+Tier 1 sex offender California cases are generally considered lower-level registration categories compared to higher tiers. Tier 1 often involves a shorter registration length than Tier 2 or Tier 3, but the specific obligations and eligibility for relief can depend on the facts of the offense and compliance history.
What is Tier 2 sex offender registration in California?
+Tier 2 sex offender California registration typically applies to more serious offenses than Tier 1 and may involve a longer registration duration. Tier assignment for sex offenders in California depends on the conviction and surrounding circumstances, and Tier 2 generally comes with more long-term requirements.
What is Tier 3 sex offender registration in California?
+Tier 3 sex offender California is typically reserved for the most serious cases and can involve ongoing or very long-term registration requirements. The exact consequences can vary, but Tier 3 generally reflects the highest level of registration duration and restrictions in the California tiered registry system.
How is tier assignment for sex offenders decided in California?
+Tier assignment for sex offenders in California is typically based on the offense of conviction and other factors used to assess the case. The goal is to separate lower-risk cases from higher-risk cases rather than treating every registrant the same.
Does the tier affect whether information appears on the Megan’s Law website in California?
+Megan’s Law website California tier visibility can vary depending on the offense and how the registration is classified. Some registrants may have publicly searchable information, while others may not. The details can depend on case-specific factors and how the registration is categorized.
Can someone petition to terminate sex offender registration in California?
+In some cases, a petition to terminate sex offender registration in California may be possible after meeting certain eligibility requirements, completing the required registration period, and maintaining compliance. Whether relief is available depends on the tier and the specifics of the conviction.
What happens if someone fails to comply with sex offender registration requirements in California?
+Failing to comply with registration obligations can lead to serious consequences. Because sex offender registration length in California and reporting rules are strict, it is critical to understand deadlines, address changes promptly, and keep documentation of compliance.
When should I contact a San Diego sex offender registration lawyer?
+If you have questions about your tier, your reporting requirements, public visibility concerns, or potential relief options, contacting a San Diego sex offender registration lawyer early can help you understand your obligations and reduce the risk of violations.
Kerry L. Armstrong
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