Sex offender management through the Department of Justice: How a registered sex offender convicted of stalking his or her intimate partner in California will be tracked
Domestic violence laws, in California, apply to all crimes committed against one’s intimate partner. Intimate partners are defined as heterosexual or same-sex partners that have children together, are living together, are married, divorced, dating or formerly dating. It therefore follows that if an individual harasses or follows and threatens his or her intimate partner with the intent of placing that partner in fear for his or her safety, he or she will be charged with stalking as a domestic abuse crime. If convicted, absent any aggravating factors or specific prior convictions, he or she will face up to one year in jail and up to a $1,000 fine if the charge was handled as a misdemeanor or up to one year in prison if the charge was treated as a felony. In addition to several additional penalties, the defendant may be ordered by the court to register as a sex offender if the court determines that the stalking was motivated by sexual desire or gratification.
Once an individual has been ordered to register as a sex offender and prior to being placed on probation or released from jail or prison, he or she will receive written notice about how to register. The Department of Justice (DOJ) receives a copy of that notification as well so that it knows who is required to register and can ensure that he or she promptly does so.
Sex offenders must update their personal information yearly, within five days of their birthday. If, however, a registered offender changes his or her name or moves after a scheduled update, he or she must notify his or her local law enforcement agency within five days. Transients (people who do not have a permanent legal address) and those labeled “sexually violent predators” will be required to update their information more frequently.
Local law enforcement agencies pass the offender’s information on to the Department of Justice’s Violent Crime Information Network. The information is then stored and maintained and, under certain circumstances, posted on the Internet for public viewing. The Department of Justice updates their database daily, based on the information it receives from its reporting law enforcement agencies, and keeps track of each individual’s reporting date and of any violations that he or she committed with respect to keeping those dates.
The Office of the Attorney General at the Department of Justice operates a website, which may be found at www.MegansLaw.ca.gov. Once the DOJ has an individual’s information, it will be available for public viewing on that website. Depending on the specific sex crime that the individual committed, his or her full address and other relevant information or his or her zip code and other relevant information will be accessible. However, about 25% of all registered sex offenders will not appear on the website because they committed “less serious” sex offenses and therefore may legally be excluded from public disclosure.
Sex offender management is one of California’s priorities. California was the first state to enact sex offender registration laws and is one of the toughest on its offenders. This state also leads the way in protecting victims of intimate partner abuse and in holding their assailants accountable. With such severe penalties facing an individual charged with stalking his or her intimate partner, it is critical that the accused hires a skilled criminal defense lawyer immediately upon an allegation. The outstanding attorneys at the Kavinoky Law Firm have successfully defended countless individuals charged with D.V. stalking because they are familiar with and understand all of the evidentiary issues and defenses that are relevant to this crime. One’s freedom, family and reputation are too important to trust to an inexperienced attorney. Click here for a free consultation and for the best representation.
