SEX CRIMES

PENAL CODE 243.4- SEXUAL BATTERY

243.4. (a) Any person who touches an intimate part of another person while that
person is unlawfully restrained by the accused or an accomplice, and if the touching
is against the will of the person touched and is for the purpose of sexual arousal,
sexual gratification, or sexual abuse, is guilty of sexual battery. A violation of this
subdivision is punishable by imprisonment in a county jail for not more than one year,
and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the
state prison for two, three, or four years, and by a fine not exceeding ten thousand
dollars ($10,000).
(b) Any person who touches an intimate part of another person who is
institutionalized for medical treatment and who is seriously disabled or medically
incapacitated, if the touching is against the will of the person touched, and if the
touching is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is
guilty of sexual battery. A violation of this subdivision is punishable by imprisonment
in a county jail for not more than one year, and by a fine not exceeding two thousand
dollars ($2,000); or by imprisonment in the state prison for two, three, or four years,
and by a fine not exceeding ten thousand dollars ($10,000).
(c) Any person who touches an intimate part of another person for the purpose of
sexual arousal, sexual gratification, or sexual abuse, and the victim is at the time
unconscious of the nature of the act because the perpetrator fraudulently represented
that the touching served a professional purpose, is guilty of sexual battery. A violation
of this subdivision is punishable by imprisonment in a county jail for not more than
one year, and by a fine not exceeding two thousand dollars ($2,000); or by
imprisonment in the state prison for two, three, or four years, and by a fine not
exceeding ten thousand dollars ($10,000).
(d) Any person who, for the purpose of sexual arousal, sexual gratification, or
sexual abuse, causes another, against that person’s will while that person is unlawfully
restrained either by the accused or an accomplice, or is institutionalized for medical
treatment and is seriously disabled or medically incapacitated, to masturbate or touch
an intimate part of either of those persons or a third person, is guilty of sexual battery.
A violation of this subdivision is punishable by imprisonment in a county jail for not
more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by
imprisonment in the state prison for two, three, or four years, and by a fine not
exceeding ten thousand dollars ($10,000).
(e) (1) Any person who touches an intimate part of another person, if the touching
is against the will of the person touched, and is for the specific purpose of sexual
arousal, sexual gratification, or sexual abuse, is guilty of misdemeanor sexual battery,punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment
in a county jail not exceeding six months, or by both that fine and imprisonment.
However, if the defendant was an employer and the victim was an employee of the
defendant, the misdemeanor sexual battery shall be punishable by a fine not exceeding
three thousand dollars ($3,000), by imprisonment in a county jail not exceeding six
months, or by both that fine and imprisonment. Notwithstanding any other provision
of law, any amount of a fine above two thousand dollars ($2,000) which is collected
from a defendant for a violation of this subdivision shall be transmitted to the State
Treasury and, upon appropriation by the Legislature, distributed to the Civil Rights
Department for the purpose of enforcement of the California Fair Employment and
Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of
the Government Code), including, but not limited to, laws that proscribe sexual
harassment in places of employment. However, in no event shall an amount over two
thousand dollars ($2,000) be transmitted to the State Treasury until all fines, including
any restitution fines that may have been imposed upon the defendant, have been paid
in full.
(2) As used in this subdivision, “touches” means physical contact with another
person, whether accomplished directly, through the clothing of the person committing
the offense, or through the clothing of the victim.
(f) As used in subdivisions (a), (b), (c), and (d), “touches” means physical contact
with the skin of another person whether accomplished directly or through the clothing
of the person committing the offense.
(g) As used in this section, the following terms have the following meanings:
(1) “Intimate part” means the sexual organ, anus, groin, or buttocks of any person,
and the breast of a female.
(2) “Sexual battery” does not include the crimes defined in Section 261 or 289.
(3) “Seriously disabled” means a person with severe physical or sensory disabilities.
(4) “Medically incapacitated” means a person who is incapacitated as a result of
prescribed sedatives, anesthesia, or other medication.
(5) “Institutionalized” means a person who is located voluntarily or involuntarily
in a hospital, medical treatment facility, nursing home, acute care facility, or mental
hospital.
(6) “Minor” means a person under 18 years of age.
(h) This section shall not be construed to limit or prevent prosecution under any
other law which also proscribes a course of conduct that also is proscribed by this
section.
(i) In the case of a felony conviction for a violation of this section, the fact that
the defendant was an employer and the victim was an employee of the defendant shall
be a factor in aggravation in sentencing.
(j) A person who commits a violation of subdivision (a), (b), (c), or (d) against a
minor when the person has a prior felony conviction for a violation of this sectionshall be guilty of a felony, punishable by imprisonment in the state prison for two,
three, or four years and a fine not exceeding ten thousand dollars ($10,000).
(Amended by Stats. 2022, Ch. 48, Sec. 70. (SB 189) Effective June 30, 2022.)

PENAL CODE 261 PC- RAPE (SEXUAL ASSAULT)

261. (a) Rape is an act of sexual intercourse accomplished under any of the following
circumstances:
(1) If a person who is not the spouse of the person committing the act is incapable,
because of a mental disorder or developmental or physical disability, of giving legal
consent, and this is known or reasonably should be known to the person committing
the act. Notwithstanding the existence of a conservatorship pursuant to the provisions
of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division
5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an
element of the crime, that a mental disorder or developmental or physical disability
rendered the alleged victim incapable of giving consent. This paragraph does not
preclude the prosecution of a spouse committing the act from being prosecuted under
any other paragraph of this subdivision or any other law.
(2) If it is accomplished against a person’s will by means of force, violence, duress,
menace, or fear of immediate and unlawful bodily injury on the person or another.
(3) If a person is prevented from resisting by an intoxicating or anesthetic substance,
or a controlled substance, and this condition was known, or reasonably should have
been known by the accused.
(4) If a person is at the time unconscious of the nature of the act, and this is known
to the accused. As used in this paragraph, “unconscious of the nature of the act” means
incapable of resisting because the victim meets any one of the following conditions:
(A) Was unconscious or asleep.
(B) Was not aware, knowing, perceiving, or cognizant that the act occurred.
(C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics
of the act due to the perpetrator’s fraud in fact.
(D) Was not aware, knowing, perceiving, or cognizant of the essential
characteristics of the act due to the perpetrator’s fraudulent representation that the
sexual penetration served a professional purpose when it served no professional
purpose.
(5) If a person submits under the belief that the person committing the act is
someone known to the victim other than the accused, and this belief is induced by
artifice, pretense, or concealment practiced by the accused, with intent to induce the
belief.
(6) If the act is accomplished against the victim’s will by threatening to retaliate
in the future against the victim or any other person, and there is a reasonable possibility
that the perpetrator will execute the threat. As used in this paragraph, “threatening toretaliate” means a threat to kidnap or falsely imprison, or to inflict extreme pain,
serious bodily injury, or death.
(7) If the act is accomplished against the victim’s will by threatening to use the
authority of a public official to incarcerate, arrest, or deport the victim or another,
and the victim has a reasonable belief that the perpetrator is a public official. As used
in this paragraph, “public official” means a person employed by a governmental
agency who has the authority, as part of that position, to incarcerate, arrest, or deport
another. The perpetrator does not actually have to be a public official.
(b) For purposes of this section, the following definitions apply:
(1) “Duress” means a direct or implied threat of force, violence, danger, or
retribution sufficient to coerce a reasonable person of ordinary susceptibilities to
perform an act which otherwise would not have been performed, or acquiesce in an
act to which one otherwise would not have submitted. The total circumstances,
including the age of the victim, and the victim’s relationship to the defendant, are
factors to consider in appraising the existence of duress.
(2) “Menace” means any threat, declaration, or act that shows an intention to inflict
an injury upon another.
(Amended by Stats. 2021, Ch. 626, Sec. 17. (AB 1171) Effective January 1, 2022.)

PENAL CODE 261.5 PC- STATUTORY RAPE

261.5. (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished
with a person who is not the spouse of the perpetrator, if the person is a minor. For
the purposes of this section, a “minor” is a person under the age of 18 years and an
“adult” is a person who is at least 18 years of age.
(b) Any person who engages in an act of unlawful sexual intercourse with a minor
who is not more than three years older or three years younger than the perpetrator, is
guilty of a misdemeanor.
(c) Any person who engages in an act of unlawful sexual intercourse with a minor
who is more than three years younger than the perpetrator is guilty of either a
misdemeanor or a felony, and shall be punished by imprisonment in a county jail not
exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.
(d) Any person 21 years of age or older who engages in an act of unlawful sexual
intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor
or a felony, and shall be punished by imprisonment in a county jail not exceeding one
year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three,
or four years.
(e) (1) Notwithstanding any other provision of this section, an adult who engages
in an act of sexual intercourse with a minor in violation of this section may be liable
for civil penalties in the following amounts:
(A) An adult who engages in an act of unlawful sexual intercourse with a minor
less than two years younger than the adult is liable for a civil penalty not to exceed
two thousand dollars ($2,000).
(B) An adult who engages in an act of unlawful sexual intercourse with a minor
at least two years younger than the adult is liable for a civil penalty not to exceed five
thousand dollars ($5,000).
(C) An adult who engages in an act of unlawful sexual intercourse with a minor
at least three years younger than the adult is liable for a civil penalty not to exceed
ten thousand dollars ($10,000).
(D) An adult over the age of 21 years who engages in an act of unlawful sexual
intercourse with a minor under 16 years of age is liable for a civil penalty not to exceed
twenty-five thousand dollars ($25,000).
(2) The district attorney may bring actions to recover civil penalties pursuant to
this subdivision. From the amounts collected for each case, an amount equal to the
costs of pursuing the action shall be deposited with the treasurer of the county in
which the judgment was entered, and the remainder shall be deposited in the Underage
Pregnancy Prevention Fund, which is hereby created in the State Treasury. Amountsdeposited in the Underage Pregnancy Prevention Fund may be used only for the
purpose of preventing underage pregnancy upon appropriation by the Legislature.
(3) In addition to any punishment imposed under this section, the judge may assess
a fine not to exceed seventy dollars ($70) against any person who violates this section
with the proceeds of this fine to be used in accordance with Section 1463.23. The
court shall, however, take into consideration the defendant’s ability to pay, and no
defendant shall be denied probation because of his or her inability to pay the fine
permitted under this subdivision.
(Amended by Stats. 2011, Ch. 15, Sec. 302. (AB 109) Effective April 4, 2011. Operative October 1,
2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

PENAL CODE 288 PC- LEWD ACTS WITH A CHILD

288. (a) Except as provided in subdivision (i), a person who willfully and lewdly
commits any lewd or lascivious act, including any of the acts constituting other crimes
provided for in Part 1, upon or with the body, or any part or member thereof, of a
child who is under the age of 14 years, with the intent of arousing, appealing to, or
gratifying the lust, passions, or sexual desires of that person or the child, is guilty of
a felony and shall be punished by imprisonment in the state prison for three, six, or
eight years.
(b) (1) A person who commits an act described in subdivision (a) by use of force,
violence, duress, menace, or fear of immediate and unlawful bodily injury on the
victim or another person, is guilty of a felony and shall be punished by imprisonment
in the state prison for 5, 8, or 10 years.
(2) A person who is a caretaker and commits an act described in subdivision (a)
upon a dependent person by use of force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person, with the intent
described in subdivision (a), is guilty of a felony and shall be punished by
imprisonment in the state prison for 5, 8, or 10 years.
(c) (1) A person who commits an act described in subdivision (a) with the intent
described in that subdivision, and the victim is a child of 14 or 15 years, and that
person is at least 10 years older than the child, is guilty of a public offense and shall
be punished by imprisonment in the state prison for one, two, or three years, or by
imprisonment in a county jail for not more than one year. In determining whether the
person is at least 10 years older than the child, the difference in age shall be measured
from the birth date of the person to the birth date of the child.
(2) A person who is a caretaker and commits an act described in subdivision (a)
upon a dependent person, with the intent described in subdivision (a), is guilty of a
public offense and shall be punished by imprisonment in the state prison for one, two,
or three years, or by imprisonment in a county jail for not more than one year.
(d) In any arrest or prosecution under this section or Section 288.5, the peace
officer, district attorney, and the court shall consider the needs of the child victim or
dependent person and shall do whatever is necessary, within existing budgetary
resources, and constitutionally permissible to prevent psychological harm to the child
victim or to prevent psychological harm to the dependent person victim resulting from
participation in the court process.
(e) (1) Upon the conviction of a person for a violation of subdivision (a) or (b),
the court may, in addition to any other penalty or fine imposed, order the defendant
to pay an additional fine not to exceed ten thousand dollars ($10,000). In setting theamount of the fine, the court shall consider any relevant factors, including, but not
limited to, the seriousness and gravity of the offense, the circumstances of its
commission, whether the defendant derived any economic gain as a result of the crime,
and the extent to which the victim suffered economic losses as a result of the crime.
Every fine imposed and collected under this section shall be deposited in the
Victim-Witness Assistance Fund to be available for appropriation to fund child sexual
exploitation and child sexual abuse victim counseling centers and prevention programs
pursuant to Section 13837.
(2) If the court orders a fine imposed pursuant to this subdivision, the actual
administrative cost of collecting that fine, not to exceed 2 percent of the total amount
paid, may be paid into the general fund of the county treasury for the use and benefit
of the county.
(f) For purposes of paragraph (2) of subdivision (b) and paragraph (2) of subdivision
(c), the following definitions apply:
(1) “Caretaker” means an owner, operator, administrator, employee, independent
contractor, agent, or volunteer of any of the following public or private facilities when
the facilities provide care for elder or dependent persons:
(A) Twenty-four hour health facilities, as defined in Sections 1250, 1250.2, and
1250.3 of the Health and Safety Code.
(B) Clinics.
(C) Home health agencies.
(D) Adult day health care centers.
(E) Secondary schools that serve dependent persons and postsecondary educational
institutions that serve dependent persons or elders.
(F) Sheltered workshops.
(G) Camps.
(H) Community care facilities, as defined by Section 1402 of the Health and Safety
Code, and residential care facilities for the elderly, as defined in Section 1569.2 of
the Health and Safety Code.
(I) Respite care facilities.
(J) Foster homes.
(K) Regional centers for persons with developmental disabilities.
(L) A home health agency licensed in accordance with Chapter 8 (commencing
with Section 1725) of Division 2 of the Health and Safety Code.
(M) An agency that supplies in-home supportive services.
(N) Board and care facilities.
(O) Any other protective or public assistance agency that provides health services
or social services to elder or dependent persons, including, but not limited to, in-home
supportive services, as defined in Section 14005.14 of the Welfare and Institutions
Code.
(P) Private residences.
(2) “Board and care facilities” means licensed or unlicensed facilities that provide
assistance with one or more of the following activities:
(A) Bathing.(B) Dressing.
(C) Grooming.
(D) Medication storage.
(E) Medical dispensation.
(F) Money management.
(3) “Dependent person” means a person, regardless of whether the person lives
independently, who has a physical or mental impairment that substantially restricts
his or her ability to carry out normal activities or to protect his or her rights, including,
but not limited to, persons who have physical or developmental disabilities or whose
physical or mental abilities have significantly diminished because of age. “Dependent
person” includes a person who is admitted as an inpatient to a 24-hour health facility,
as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.
(g) Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) apply to
the owners, operators, administrators, employees, independent contractors, agents,
or volunteers working at these public or private facilities and only to the extent that
the individuals personally commit, conspire, aid, abet, or facilitate any act prohibited
by paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c).
(h) Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) do not
apply to a caretaker who is a spouse of, or who is in an equivalent domestic relationship
with, the dependent person under care.
(i) (1) A person convicted of a violation of subdivision (a) shall be imprisoned in
the state prison for life with the possibility of parole if the defendant personally
inflicted bodily harm upon the victim.
(2) The penalty provided in this subdivision shall only apply if the fact that the
defendant personally inflicted bodily harm upon the victim is pled and proved.
(3) As used in this subdivision, “bodily harm” means any substantial physical
injury resulting from the use of force that is more than the force necessary to commit
the offense.
(Amended by Stats. 2018, Ch. 70, Sec. 2. (AB 1934) Effective January 1, 2019.)

PENAL CODE 290- FAILURE TO REGISTER AS A SEX OFFENDER

290. (a) Sections 290 to 290.024, inclusive, shall be known, and may be cited, as
the Sex Offender Registration Act. All references to “the Act” in those sections are
to the Sex Offender Registration Act.
(b) Every person described in subdivision (c), for the period specified in subdivision
(d) while residing in California, or while attending school or working in California,
as described in Sections 290.002 and 290.01, shall register with the chief of police
of the city in which the person is residing, or the sheriff of the county if the person is
residing in an unincorporated area or city that has no police department, and,
additionally, with the chief of police of a campus of the University of California, the
California State University, or community college if the person is residing upon the
campus or in any of its facilities, within five working days of coming into, or changing
the person’s residence within, any city, county, or city and county, or campus in which
the person temporarily resides, and shall register thereafter in accordance with the
Act, unless the duty to register is terminated pursuant to Section 290.5 or as otherwise
provided by law.
(c) (1) The following persons shall register:
Every person who, since July 1, 1944, has been or is hereafter convicted in any
court in this state or in any federal or military court of a violation of Section 187
committed in the perpetration, or an attempt to perpetrate, rape, or any act punishable
under Section 286, 287, 288, or 289 or former Section 288a, Section 207 or 209
committed with intent to violate Section 261, 286, 287, 288, or 289 or former Section
288a, Section 220, except assault to commit mayhem, subdivision (b) or (c) of Section
236.1, Section 243.4, Section 261, paragraph (1) of subdivision (a) of former Section
262 involving the use of force or violence for which the person is sentenced to the
state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision
(b) of Section 266i, Section 266j, 267, 269, 285, 286, 287, 288, 288.3, 288.4, 288.5,
288.7, 289, or 311.1, or former Section 288a, subdivision (b), (c), or (d) of Section
311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision
(c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or
lascivious conduct under Section 272, or any felony violation of Section 288.2; any
statutory predecessor that includes all elements of one of the offenses described in
this subdivision; or any person who since that date has been or is hereafter convicted
of the attempt or conspiracy to commit any of the offenses described in this
subdivision.
(2) Notwithstanding paragraph (1), a person convicted of a violation of subdivision
(b) of Section 286, subdivision (b) of Section 287, or subdivision (h) or (i) of Section289 shall not be required to register if, at the time of the offense, the person is not
more than 10 years older than the minor, as measured from the minor’s date of birth
to the person’s date of birth, and the conviction is the only one requiring the person
to register. This paragraph does not preclude the court from requiring a person to
register pursuant to Section 290.006.
(d) A person described in subdivision (c), or who is otherwise required to register
pursuant to the Act shall register for 10 years, 20 years, or life, following a conviction
and release from incarceration, placement, commitment, or release on probation or
other supervision, as follows:
(1) (A) A tier one offender is subject to registration for a minimum of 10 years.
A person is a tier one offender if the person is required to register for conviction of
a misdemeanor described in subdivision (c), or for conviction of a felony described
in subdivision (c) that was not a serious or violent felony as described in subdivision
(c) of Section 667.5 or subdivision (c) of Section 1192.7.
(B) This paragraph does not apply to a person who is subject to registration pursuant
to paragraph (2) or (3).
(2) (A) A tier two offender is subject to registration for a minimum of 20 years.
A person is a tier two offender if the person was convicted of an offense described
in subdivision (c) that is also described in subdivision (c) of Section 667.5 or
subdivision (c) of Section 1192.7, Section 285, subdivision (g) or (h) of Section 286,
subdivision (g) or (h) of Section 287 or former Section 288a, subdivision (b) of Section
289, or Section 647.6 if it is a second or subsequent conviction for that offense that
was brought and tried separately.
(B) This paragraph does not apply if the person is subject to lifetime registration
as required in paragraph (3).
(3) A tier three offender is subject to registration for life. A person is a tier three
offender if any one of the following applies:
(A) Following conviction of a registerable offense, the person was subsequently
convicted in a separate proceeding of committing an offense described in subdivision
(c) and the conviction is for commission of a violent felony described in subdivision
(c) of Section 667.5, or the person was subsequently convicted of committing an
offense for which the person was ordered to register pursuant to Section 290.006, and
the conviction is for the commission of a violent felony described in subdivision (c)
of Section 667.5.
(B) The person was committed to a state mental hospital as a sexually violent
predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part
2 of Division 6 of the Welfare and Institutions Code.
(C) The person was convicted of violating any of the following:
(i) Section 187 while attempting to commit or committing an act punishable under
Section 261, 286, 287, 288, or 289 or former Section 288a.
(ii) Section 207 or 209 with intent to violate Section 261, 286, 287, 288, or 289
or former Section 288a.
(iii) Section 220.
(iv) Subdivision (b) of Section 266h.(v) Subdivision (b) of Section 266i.
(vi) Section 266j.
(vii) Section 267.
(viii) Section 269.
(ix) Subdivision (b) or (c) of Section 288.
(x) Section 288.2.
(xi) Section 288.3, unless committed with the intent to commit a violation of
subdivision (b) of Section 286, subdivision (b) of Section 287 or former Section 288a,
or subdivision (h) or (i) of Section 289.
(xii) Section 288.4.
(xiii) Section 288.5.
(xiv) Section 288.7.
(xv) Subdivision (c) of Section 653f.
(xvi) Any offense for which the person is sentenced to a life term pursuant to
Section 667.61.
(D) The person’s risk level on the static risk assessment instrument for sex offenders
(SARATSO), pursuant to Section 290.04, is well above average risk at the time of
release on the index sex offense into the community, as defined in the Coding Rules
for that instrument.
(E) The person is a habitual sex offender pursuant to Section 667.71.
(F) The person was convicted of violating subdivision (a) of Section 288 in two
proceedings brought and tried separately.
(G) The person was sentenced to 15 to 25 years to life for an offense listed in
Section 667.61.
(H) The person is required to register pursuant to Section 290.004.
(I) The person was convicted of a felony offense described in subdivision (b) or
(c) of Section 236.1.
(J) The person was convicted of a felony offense described in subdivision (a), (c),
or (d) of Section 243.4.
(K) The person was convicted of violating paragraph (2), (3), or (4) of subdivision
(a) of Section 261 or was convicted of violating Section 261 and punished pursuant
to paragraph (1) or (2) of subdivision (c) of Section 264.
(L) The person was convicted of violating paragraph (1) of subdivision (a) of
former Section 262.
(M) The person was convicted of violating Section 264.1.
(N) The person was convicted of any offense involving lewd or lascivious conduct
under Section 272.
(O) The person was convicted of violating paragraph (2) of subdivision (c) or
subdivision (d), (f), or (i) of Section 286.
(P) The person was convicted of violating paragraph (2) of subdivision (c) or
subdivision (d), (f), or (i) of Section 287 or former Section 288a.
(Q) The person was convicted of violating paragraph (1) of subdivision (a) or
subdivision (d), (e), or (j) of Section 289.(R) The person was convicted of a felony violation of Section 311.1 or 311.11 or
of violating subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, or
311.10.
(4) (A) A person who is required to register pursuant to Section 290.005 shall be
placed in the appropriate tier if the offense is assessed as equivalent to a California
registerable offense described in subdivision (c).
(B) If the person’s duty to register pursuant to Section 290.005 is based solely on
the requirement of registration in another jurisdiction, and there is no equivalent
California registerable offense, the person shall be subject to registration as a tier two
offender, except that the person is subject to registration as a tier three offender if one
of the following applies:
(i) The person’s risk level on the static risk assessment instrument (SARATSO),
pursuant to Section 290.06, is well above average risk at the time of release on the
index sex offense into the community, as defined in the Coding Rules for that
instrument.
(ii) The person was subsequently convicted in a separate proceeding of an offense
substantially similar to an offense listed in subdivision (c) which is also substantially
similar to an offense described in subdivision (c) of Section 667.5, or is substantially
similar to Section 269 or 288.7.
(iii) The person has ever been committed to a state mental hospital or mental health
facility in a proceeding substantially similar to civil commitment as a sexually violent
predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part
2 of Division 6 of the Welfare and Institutions Code.
(5) (A) The Department of Justice may place a person described in subdivision
(c), or who is otherwise required to register pursuant to the Act, in a
tier-to-be-determined category if the appropriate tier designation described in this
subdivision cannot be immediately ascertained. An individual placed in this
tier-to-be-determined category shall continue to register in accordance with the Act.
The individual shall be given credit toward the mandated minimum registration period
for any period for which the individual registers.
(B) The Department of Justice shall ascertain an individual’s appropriate tier
designation as described in this subdivision within 24 months of the individual’s
placement in the tier-to-be-determined category.
(e) The minimum time period for the completion of the required registration period
in tier one or two commences on the date of release from incarceration, placement,
or commitment, including any related civil commitment on the registerable offense.
The minimum time for the completion of the required registration period for a
designated tier is tolled during any period of subsequent incarceration, placement, or
commitment, including any subsequent civil commitment, except that arrests not
resulting in conviction, adjudication, or revocation of probation or parole shall not
toll the required registration period. The minimum time period shall be extended by
one year for each misdemeanor conviction of failing to register under this act, and by
three years for each felony conviction of failing to register under this act, without
regard to the actual time served in custody for the conviction. If a registrant issubsequently convicted of another offense requiring registration pursuant to the Act,
a new minimum time period for the completion of the registration requirement for
the applicable tier shall commence upon that person’s release from incarceration,
placement, or commitment, including any related civil commitment. If the subsequent
conviction requiring registration pursuant to the Act occurs prior to an order to
terminate the registrant from the registry after completion of a tier associated with
the first conviction for a registerable offense, the applicable tier shall be the highest
tier associated with the convictions.
(f) This section does not require a ward of the juvenile court to register under the
Act, except as provided in Section 290.008.
(Amended (as amended by Stats. 2020, Ch. 79, Sec. 2) by Stats. 2021, Ch. 626, Sec. 25. (AB 1171)
Effective January 1, 2022.)

PENAL CODE 311 PC- CHILD PORNOGRAPHY

311. As used in this chapter, the following definitions apply:
(a) “Obscene matter” means matter, taken as a whole, that to the average person,
applying contemporary statewide standards, appeals to the prurient interest, that, taken
as a whole, depicts or describes sexual conduct in a patently offensive way, and that,
taken as a whole, lacks serious literary, artistic, political, or scientific value.
(1) If it appears from the nature of the matter or the circumstances of its
dissemination, distribution, or exhibition that it is designed for clearly defined deviant
sexual groups, the appeal of the matter shall be judged with reference to its intended
recipient group.
(2) In prosecutions under this chapter, if circumstances of production, presentation,
sale, dissemination, distribution, or publicity indicate that matter is being commercially
exploited by the defendant for the sake of its prurient appeal, this evidence is probative
with respect to the nature of the matter and may justify the conclusion that the matter
lacks serious literary, artistic, political, or scientific value.
(3) In determining whether the matter taken as a whole lacks serious literary,
artistic, political, or scientific value in description or representation of those matters,
the fact that the defendant knew that the matter depicts persons under the age of 16
years engaged in sexual conduct, as defined in subdivision (c) of Section 311.4, is a
factor that may be considered in making that determination.
(b) “Matter” means any book, magazine, newspaper, or other printed or written
material, or any picture, drawing, photograph, motion picture, or other pictorial
representation, or any statue or other figure, or any recording, transcription, or
mechanical, chemical, or electrical reproduction, or any other article, equipment,
machine, or material. “Matter” also means live or recorded telephone messages if
transmitted, disseminated, or distributed as part of a commercial transaction.
(c) “Person” means any individual, partnership, firm, association, corporation,
limited liability company, or other legal entity.
(d) “Distribute” means transfer possession of, whether with or without
consideration.
(e) “Knowingly” means being aware of the character of the matter or live conduct.
(f) “Exhibit” means show.
(g) “Obscene live conduct” means any physical human body activity, whether
performed or engaged in alone or with other persons, including but not limited to
singing, speaking, dancing, acting, simulating, or pantomiming, taken as a whole,
that to the average person, applying contemporary statewide standards, appeals to the
prurient interest and is conduct that, taken as a whole, depicts or describes sexualconduct in a patently offensive way and that, taken as a whole, lacks serious literary,
artistic, political, or scientific value.
(1) If it appears from the nature of the conduct or the circumstances of its
production, presentation, or exhibition that it is designed for clearly defined deviant
sexual groups, the appeal of the conduct shall be judged with reference to its intended
recipient group.
(2) In prosecutions under this chapter, if circumstances of production, presentation,
advertising, or exhibition indicate that live conduct is being commercially exploited
by the defendant for the sake of its prurient appeal, that evidence is probative with
respect to the nature of the conduct and may justify the conclusion that the conduct
lacks serious literary, artistic, political, or scientific value.
(3) In determining whether the live conduct taken as a whole lacks serious literary,
artistic, political, or scientific value in description or representation of those matters,
the fact that the defendant knew that the live conduct depicts persons under the age
of 16 years engaged in sexual conduct, as defined in subdivision (c) of Section 311.4,
is a factor that may be considered in making that determination.
(h) The Legislature expresses its approval of the holding of People v. Cantrell, 7
Cal. App. 4th 523, that, for the purposes of this chapter, matter that “depicts a person
under the age of 18 years personally engaging in or personally simulating sexual
conduct” is limited to visual works that depict that conduct.
(Amended by Stats. 1997, Ch. 17, Sec. 98. Effective January 1, 1998.)

PENAL CODE 314- INDECENT EXPOSURE

314. Every person who willfully and lewdly, either:
1. Exposes his person, or the private parts thereof, in any public place, or in any
place where there are present other persons to be offended or annoyed thereby; or,
2. Procures, counsels, or assists any person so to expose himself or take part in
any model artist exhibition, or to make any other exhibition of himself to public view,
or the view of any number of persons, such as is offensive to decency, or is adapted
to excite to vicious or lewd thoughts or acts,
is guilty of a misdemeanor.
Every person who violates subdivision 1 of this section after having entered, without
consent, an inhabited dwelling house, or trailer coach as defined in Section 635 of
the Vehicle Code, or the inhabited portion of any other building, is punishable by
imprisonment in the state prison, or in the county jail not exceeding one year.
Upon the second and each subsequent conviction under subdivision 1 of this section,
or upon a first conviction under subdivision 1 of this section after a previous conviction
under Section 288, every person so convicted is guilty of a felony, and is punishable
by imprisonment in state prison.
(Amended by Stats. 1982, Ch. 1113, Sec. 2.)

PENAL CODE 647(a)- LEWD CONDUCT IN PUBLIC

647. Except as provided in paragraph (5) of subdivision (b) and subdivision (k),
every person who commits any of the following acts is guilty of disorderly conduct,
a misdemeanor:
(a) An individual who solicits anyone to engage in or who engages in lewd or
dissolute conduct in any public place or in any place open to the public or exposed
to public view.
(b) (1) An individual who solicits, or who agrees to engage in, or who engages
in, any act of prostitution with the intent to receive compensation, money, or anything
of value from another person. An individual agrees to engage in an act of prostitution
when, with specific intent to so engage, the individual manifests an acceptance of an
offer or solicitation by another person to so engage, regardless of whether the offer
or solicitation was made by a person who also possessed the specific intent to engage
in an act of prostitution.
(2) An individual who solicits, or who agrees to engage in, or who engages in, any
act of prostitution with another person who is 18 years of age or older in exchange
for the individual providing compensation, money, or anything of value to the other
person. An individual agrees to engage in an act of prostitution when, with specific
intent to so engage, the individual manifests an acceptance of an offer or solicitation
by another person who is 18 years of age or older to so engage, regardless of whether
the offer or solicitation was made by a person who also possessed the specific intent
to engage in an act of prostitution.
(3) An individual who solicits, or who agrees to engage in, or who engages in, any
act of prostitution with another person who is a minor in exchange for the individual
providing compensation, money, or anything of value to the minor. An individual
agrees to engage in an act of prostitution when, with specific intent to so engage, the
individual manifests an acceptance of an offer or solicitation by someone who is a
minor to so engage, regardless of whether the offer or solicitation was made by a
minor who also possessed the specific intent to engage in an act of prostitution.
(4) A manifestation of acceptance of an offer or solicitation to engage in an act of
prostitution does not constitute a violation of this subdivision unless some act, in
addition to the manifestation of acceptance, is done within this state in furtherance
of the commission of the act of prostitution by the person manifesting an acceptance
of an offer or solicitation to engage in that act. As used in this subdivision,
“prostitution” includes any lewd act between persons for money or other consideration.
(5) Notwithstanding paragraphs (1) to (3), inclusive, this subdivision does not
apply to a child under 18 years of age who is alleged to have engaged in conduct toreceive money or other consideration that would, if committed by an adult, violate
this subdivision. A commercially exploited child under this paragraph may be adjudged
a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section
300 of the Welfare and Institutions Code and may be taken into temporary custody
pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the
conditions allowing temporary custody without warrant are met.
(c) Who accosts other persons in any public place or in any place open to the public
for the purpose of begging or soliciting alms.
(d) Who loiters in or about any toilet open to the public for the purpose of engaging
in or soliciting any lewd or lascivious or any unlawful act.
(e) Who lodges in any building, structure, vehicle, or place, whether public or
private, without the permission of the owner or person entitled to the possession or
in control of it.
(f) Who is found in any public place under the influence of intoxicating liquor,
any drug, controlled substance, toluene, or any combination of any intoxicating liquor,
drug, controlled substance, or toluene, in a condition that they are unable to exercise
care for their own safety or the safety of others, or by reason of being under the
influence of intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public way.
(g) If a person has violated subdivision (f), a peace officer, if reasonably able to
do so, shall place the person, or cause the person to be placed, in civil protective
custody. The person shall be taken to a facility, designated pursuant to Section 5170
of the Welfare and Institutions Code, for the 72-hour treatment and evaluation of
inebriates. A peace officer may place a person in civil protective custody with that
kind and degree of force authorized to effect an arrest for a misdemeanor without a
warrant. A person who has been placed in civil protective custody shall not thereafter
be subject to any criminal prosecution or juvenile court proceeding based on the facts
giving rise to this placement. This subdivision does not apply to the following persons:
(1) A person who is under the influence of any drug, or under the combined
influence of intoxicating liquor and any drug.
(2) A person who a peace officer has probable cause to believe has committed any
felony, or who has committed any misdemeanor in addition to subdivision (f).
(3) A person who a peace officer in good faith believes will attempt escape or will
be unreasonably difficult for medical personnel to control.
(h) Who loiters, prowls, or wanders upon the private property of another, at any
time, without visible or lawful business with the owner or occupant. As used in this
subdivision, “loiter” means to delay or linger without a lawful purpose for being on
the property and for the purpose of committing a crime as opportunity may be
discovered.
(i) Who, while loitering, prowling, or wandering upon the private property of
another, at any time, peeks in the door or window of any inhabited building or structure,
without visible or lawful business with the owner or occupant.(j) (1) A person who looks through a hole or opening, into, or otherwise views,
by means of any instrumentality, including, but not limited to, a periscope, telescope,
binoculars, camera, motion picture camera, camcorder, mobile phone, electronic
device, or unmanned aircraft system, the interior of a bedroom, bathroom, changing
room, fitting room, dressing room, or tanning booth, or the interior of any other area
in which the occupant has a reasonable expectation of privacy, with the intent to
invade the privacy of a person or persons inside. This subdivision does not apply to
those areas of a private business used to count currency or other negotiable instruments.
(2) A person who uses a concealed camcorder, motion picture camera, or
photographic camera of any type, to secretly videotape, film, photograph, or record
by electronic means, another identifiable person under or through the clothing being
worn by that other person, for the purpose of viewing the body of, or the undergarments
worn by, that other person, without the consent or knowledge of that other person,
with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of
that person and invade the privacy of that other person, under circumstances in which
the other person has a reasonable expectation of privacy. For the purposes of this
paragraph, “identifiable” means capable of identification, or capable of being
recognized, meaning that someone, including the victim, could identify or recognize
the victim. It does not require the victim’s identity to actually be established.
(3) (A) A person who uses a concealed camcorder, motion picture camera, or
photographic camera of any type, to secretly videotape, film, photograph, or record
by electronic means, another identifiable person who may be in a state of full or partial
undress, for the purpose of viewing the body of, or the undergarments worn by, that
other person, without the consent or knowledge of that other person, in the interior
of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning
booth, or the interior of any other area in which that other person has a reasonable
expectation of privacy, with the intent to invade the privacy of that other person. For
the purposes of this paragraph, “identifiable” means capable of identification, or
capable of being recognized, meaning that someone, including the victim, could
identify or recognize the victim. It does not require the victim’s identity to actually
be established.
(B) Neither of the following is a defense to the crime specified in this paragraph:
(i) The defendant was a cohabitant, landlord, tenant, cotenant, employer, employee,
or business partner or associate of the victim, or an agent of any of these.
(ii) The victim was not in a state of full or partial undress.
(4) (A) A person who intentionally distributes the image of the intimate body part
or parts of another identifiable person, or an image of the person depicted engaged
in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an
image of masturbation by the person depicted or in which the person depicted
participates, under circumstances in which the persons agree or understand that the
image shall remain private, the person distributing the image knows or should know
that distribution of the image will cause serious emotional distress, and the person
depicted suffers that distress.(B) A person intentionally distributes an image described in subparagraph (A)
when that person personally distributes the image, or arranges, specifically requests,
or intentionally causes another person to distribute that image.
(C) As used in this paragraph, “intimate body part” means any portion of the
genitals, the anus and, in the case of a female, also includes any portion of the breasts
below the top of the areola, that is either uncovered or clearly visible through clothing.
(D) It shall not be a violation of this paragraph to distribute an image described in
subparagraph (A) if any of the following applies:
(i) The distribution is made in the course of reporting an unlawful activity.
(ii) The distribution is made in compliance with a subpoena or other court order
for use in a legal proceeding.
(iii) The distribution is made in the course of a lawful public proceeding.
(5) This subdivision does not preclude punishment under any section of law
providing for greater punishment.
(k) (1) A second or subsequent violation of subdivision (j) is punishable by
imprisonment in a county jail not exceeding one year, or by a fine not exceeding two
thousand dollars ($2,000), or by both that fine and imprisonment.
(2) If the victim of a violation of subdivision (j) was a minor at the time of the
offense, the violation is punishable by imprisonment in a county jail not exceeding
one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that
fine and imprisonment.
(l) (1) If a crime is committed in violation of subdivision (b) and the person who
was solicited was a minor at the time of the offense, and if the defendant knew or
should have known that the person who was solicited was a minor at the time of the
offense, the violation is punishable by imprisonment in a county jail for not less than
two days and not more than one year, or by a fine not exceeding ten thousand dollars
($10,000), or by both that fine and imprisonment.
(2) The court may, in unusual cases, when the interests of justice are best served,
reduce or eliminate the mandatory two days of imprisonment in a county jail required
by this subdivision. If the court reduces or eliminates the mandatory two days’
imprisonment, the court shall specify the reason on the record.
(Amended by Stats. 2020, Ch. 370, Sec. 229. (SB 1371) Effective January 1, 2021.)

PENAL CODE 647(b)- PROSTITUTION SOLICITATION