California’s Tiered Sex Offender Registry Laws

Last Updated on July 2, 2025

Being convicted of a sex crime in nature can be devastating. These offenses can destroy your reputation. Beyond that, even after you have served your time, you will still be subject to the California sex offender registry. Not all sex offenses involve mandatory registration under California Penal Code section 290 (PC). However, many people on the Megans Law website have faced harassment and discrimination for years. Those on the registry may even be issued specialized passports denoting their status as a sex offender.

California Sex Offender Registry Requirements

Under Penal Code 290 (PC), if you are convicted of certain sexual offenses, you must register your current address with the local law enforcement agency every year within five working days of your birthday and every time you move. Transient sex offenders are required to register every 30 days.

You will continue to need to register if you move to a new state, as all states in the US have their own registries for sex offenders. When you move to a new state, you must notify both the California agency you registered with and the agency for your new home within five days.

Because there are so many restrictions on convicted sex offenders, many benefit by contacting their lawyer to find out where and when to register.

The Registry is Public

Due to a federal law known as Megan’s Law, most offenders are legally required to have their names appear on a public registry where anyone can view their name, address, photo, and the specific crimes they committed. This registry is intended to protect the local community by allowing residents to easily search for convicted rapists and child molesters. Unfortunately, many vigilantes have used the website to illegally hunt down or harass convicted sex offenders.

It is against the law for landlords to discriminate against those on the registry. However, many choose to do so because they feel uncomfortable renting to sex offenders.

Employers are also prohibited from discriminating against those convicted of sex crimes. Hiring managers who have a duty to protect “persons at risk” (such as children or senior citizens) are exempt from this restriction. Even so, many companies break the law and refuse to hire those convicted of sex offenses.

California’s Tiered Sex Offender Registry

California divides sex crimes into one of three tiers, each of which carries its own distinct registration period. Even a non-sexual offense done with a sexual motivation may result in mandatory registration. For example, false imprisonment to commit a sex crime can require registration. The three different tiers of sex offenders are:

• Tier one offenses: Non-serious and non-violent felonies and minor misdemeanors. Those convicted under this level of offense must register for 10 years.
• Tier two offenses: More serious offenses that fall short of being the highest-level sex crimes. Anyone convicted of a tier two offense will be required to register for 20 years.
• Tier three: The most serious offenses, such as violent rapes, this category of offense carries mandatory lifetime registration.

A second offense committed by a sex offender results in the individual being added to the next highest tier. Time already spent on the registry does not count towards the new tier registration period. Aside from resulting in new criminal charges, failure to register will add another year to the waiting period. However, if you have a good reason for failing to register, you can defend yourself with the help of an attorney.

Removal From the Registry is Not Automatic

Sex offenders who have already spent the minimum amount of time registering based on tier level will not automatically be removed from the registry. Instead, they must file a request with the court, which the local district attorney can challenge. A criminal defense lawyer can help file the request and represent the individual’s interests in court. The judge will have the final discretion on whether someone should be removed by balancing the offender’s needs with the public’s safety.

Sex Offender Registry Violations

If you are required to register as a sex offender, failure to report yearly to a law enforcement agency or after a move is a crime in California. Penalties vary based on the severity of the original charges.

Most who fail to register and were convicted of a misdemeanor-level sex crime will be charged with a misdemeanor, punishable by up to one year in jail. Those originally convicted of a felony or with a previous failure-to-register conviction face felony charges, punishable by up to three years imprisonment. As a felony, those with two strikes who fail to register could even be sentenced to 25 years to life, thanks to the state’s three strikes law.

Fortunately, your attorney can help you fight charges related to failure to register as a sex offender in California. Successful defenses to failure to register allegations include being unable to register due to circumstances beyond your control or attempting to register but having your information lost. Not being guilty of the original crime is not a defense for registry violation charges.

Remember, it’s preferable to do whatever possible to fight the initial sex crime than to struggle with a registry violation later. In fact, some offenders labeled “sexually violent predators” may be institutionalized after their release from prison, possibly resulting in lifelong confinement

Frequently Asked Questions

Do Sex Offenders Have to Register for Life?

No, in 2012, California implemented a tiered sex offender registry, with different registration requirements based on the severity of the offense. Some offenses only require a ten-year registration period, while others require registration for life.

Additionally, not all offenses that are sexual in nature require sex offender registration. Lewd conduct in public, for example, never requires registration. On the other hand, some crimes, like statutory rape, can registration added as a penalty, but it is not a mandatory part of the sentence.

Do I Qualify for Early Removal from the California Sex Offender Registry?

In some rare cases, those subjected to harassment or violence may qualify for early removal from the Megan’s Law registry. Alternatively, some people can be released from registration requirements early by obtaining a certificate of rehabilitation. If you believe you may qualify, please speak with a criminal attorney.

What Residency Restrictions are Sex Offenders Subject to?

In 2006, the law was changed to implement several restrictions on sex offender housing under the state’s “Jessica’s Law.” This law prevented offenders from living within 2,000 feet of a school or park. However, the rule was quickly overturned by the state Supreme Court because there were too few locations where sex offenders could move.

These restrictions can still be applied in some instances. They are automatically applied to high-risk offenders, those who continuously sexually abused a child, and those convicted of lewd acts involving a child under the age of 14. Additionally, high-risk offenders are subject to GPS monitoring for life.

Does Chemical Castration Exempt Someone from Registry as a Sex Offender?

In California, anyone convicted of forceful sex crimes against victims under 13 with at least one prior conviction must undergo chemical or surgical castration to be released on parole. Even so, those who were chemically castrated are still subject to mandatory registration.

Do Sex Offenders Have to Notify Their Neighbors?

No. Those curious about whether a sex offender lives in their neighborhood can use the Megan’s Law list. However, offenders are not required to notify anyone in the area.

Can Sex Offenders Celebrate Halloween?

Yes, but only if they are not serving on probation or parole. Offenders who are still subject to these increased restrictions must stay in their homes and cannot hand out candy.

If you have been accused of a sex crime, have questions about the registration requirements, or are facing charges related to failure to register, please call a lawyer. You can schedule a free consultation with attorney Peter M. Liss by calling his offices at (760) 643-4050.