ACSOL: Appellate Court Rules Everyone Convicted of PC 288.2 Must Register for Life in California
The Third District Court of Appeals in California issued a decision today stating that every person convicted of Penal Code (PC) Section 288.2, providing harmful material to a minor, must register for life including those whose felony conviction has been reduced to a misdemeanor.
Jul 1
The Court based its opinion on an interpretation of PC Section 17(e) which states that judges cannot remove from the registry a person convicted of that offense.
“Today an appellate court made a bad decision,” stated ACSOL Executive Director Janice Bellucci. “That bad decision will adversely affect every person whose felony conviction for violating PC Section 288.2 has been reduced to a misdemeanor.”
The appellate court decision issued today relied heavily upon two prior decisions — People v. Kennedy and People v. Manzoor — which both ruled in favor of the government. The plaintiffs in today’s case argued that the Kennedy case did not apply because it was decided prior to passage of the Tiered Registry Law and that the Manzoor case did not apply because it was based upon the decision in the Kennedy case.
According to today’s decision, the court stated that “a defendant convicted of a felony violation of section 288.2 is subject to lifetime registration.” The court added that “even though his felony conviction was reduced to a misdemeanor…section 17, subdivision (e) prohibits a court…from relieving him…of the duty to register as a sex offender….” The appellate decision issued today is not for publication.
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Our Symposium aims to provide the most beneficial and practical experiences for our students. From providing resources, special guest speakers, and also networking and bonding experiences. All of this is costs for us at Intellect-LE. We do our best to cover the travel costs for our instructors as well as resource give aways for students and all of that is paid prior to the course dates. If we have a large amount of students cancel before class, this incurs a large out of pocket expense for use and we would not be able to sustain our course. When you or your agency registers and pays for class we believe you are attending. We understand that circumstances arise so while we do not refund paid seats, we do offer the following options;
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1. Your seat may be transferred to another attendee from your agency at no additional cost.
2. Your seat may be moved to our next available training date, even if it is in another location.
3. You can be granted 1 year's worth of access to our skills center and all the training it contains.
SEX OFFENDER MANAGEMENT SYMPOSIUM REFUND POLICY
Our Symposium aims to provide the most beneficial and practical experiences for our students. From providing resources, special guest speakers, and also networking and bonding experiences. All of this is costs for us at Intellect-LE. We do our best to cover the travel costs for our instructors as well as resource give aways for students and all of that is paid prior to the course dates. If we have a large amount of students cancel before class, this incurs a large out of pocket expense for use and we would not be able to sustain our course. When you or your agency registers and pays for class we believe you are attending. We understand that circumstances arise so while we do not refund paid seats, we do offer the following options;
1. Your seat may be transferred to another attendee from your agency at no additional cost.
2. Your seat may be moved to our next available training date, even if it is in another location.
3. You can be granted 1 year's worth of access to our skills center and all the training it contains.