SB 1128: Sex offender registration: unlawful sexual intercourse with a minor.

Existing law, the Sex Offender Registration Act (the Act), requires a person convicted of specified crimes to register with law enforcement as a sex offender while residing in California or while attending school or working in California, as specified. Existing law establishes 3 tiers of registration based on specified criteria, for periods of at least 10 years, at least 20 years, and life, respectively, for a conviction of specified sex offenses. Existing law exempts from mandatory registration under the Act a person convicted of certain offenses involving minors if the person is not more than 10 years older than the minor and if that offense is the only one requiring the person to register. A willful failure to register, as required by the Act, is a misdemeanor or felony, depending on the underlying offense.

This bill would require offenders guilty of engaging in an act of unlawful sexual intercourse with a minor who is more than 3 years younger than the offender, or, if the offender was 21 years of age or older, engaging in an act of unlawful sexual intercourse with a minor who is under 16 years of age, to register for 10 years as a tier one offender under the Act, unless the offender was not more than 10 years older than the minor and if that offense is the only one requiring the offender to register. The bill would require an individual who was required to register for a violation described above, to register for life under the Act if they are subsequently convicted in a separate proceeding of engaging in an act of unlawful sexual intercourse with a minor who is more than 3 years younger than the offender, or, if the offender was 21 years of age or older, engaging in an act of unlawful sexual intercourse with a minor who is under 16 years of age. By expanding the scope of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.