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California Penal Code Section 290.018

Legal Research Home > California Laws > Penal Code > California Penal Code Section 290.018

290.018.  (a) Any person who is required to register under the Act
based on a misdemeanor conviction or juvenile adjudication who
willfully violates any requirement of the act is guilty of a
misdemeanor punishable by imprisonment in a county jail not exceeding
one year.
   (b) Except as provided in subdivisions (f), (h), and (j), any
person who is required to register under the act based on a felony
conviction or juvenile adjudication who willfully violates any
requirement of the act or who has a prior conviction or juvenile
adjudication for the offense of failing to register under the act and
who subsequently and willfully violates any requirement of the act
is guilty of a felony and shall be punished by imprisonment in the
state prison for 16 months, or two or three years.
   (c) If probation is granted or if the imposition or execution of
sentence is suspended, it shall be a condition of the probation or
suspension that the person serve at least 90 days in a county jail.
The penalty described in subdivision (b) or this subdivision shall
apply whether or not the person has been released on parole or has
been discharged from parole.
   (d) Any person determined to be a mentally disordered sex offender
or who has been found guilty in the guilt phase of trial for an
offense for which registration is required under the act, but who has
been found not guilty by reason of insanity in the sanity phase of
the trial, or who has had a petition sustained in a juvenile
adjudication for an offense for which registration is required
pursuant to Section 290.008, but who has been found not guilty by
reason of insanity, who willfully violates any requirement of the act
is guilty of a misdemeanor and shall be punished by imprisonment in
a county jail not exceeding one year. For any second or subsequent
willful violation of any requirement of the act, the person is guilty
of a felony and shall be punished by imprisonment in the state
prison for 16 months, or two or three years.
   (e) If, after discharge from parole, the person is convicted of a
felony or suffers a juvenile adjudication as specified in this act,
he or she shall be required to complete parole of at least one year,
in addition to any other punishment imposed under this section. A
person convicted of a felony as specified in this section may be
granted probation only in the unusual case where the interests of
justice would best be served. When probation is granted under this
act, the court shall specify on the record and shall enter into the
minutes the circumstances indicating that the interests of justice
would best be served by the disposition.
   (f) Any person who has ever been adjudicated a sexually violent
predator, as defined in Section 6600 of the Welfare and Institutions
Code, and who fails to verify his or her registration every 90 days
as required pursuant to subdivision (b) of Section 290.012, shall be
punished by imprisonment in the state prison or in a county jail not
exceeding one year.
   (g) Except as otherwise provided in subdivision (f), any person
who is required to register or reregister pursuant to Section 290.011
and willfully fails to comply with the requirement that he or she
reregister no less than every 30 days is guilty of a misdemeanor and
shall be punished by imprisonment in a county jail for at least 30
days, but not exceeding six months. A person who willfully fails to
comply with the requirement that he or she reregister no less than
every 30 days shall not be charged with this violation more often
than once for a failure to register in any period of 90 days. Any
person who willfully commits a third or subsequent violation of the
requirements of Section 290.011 that he or she reregister no less
than every 30 days shall be punished in accordance with either
subdivision (a) or (b).
   (h) Any person who fails to provide proof of residence as required
by paragraph (5) of subdivision (a) of Section 290.015, regardless
of the offense upon which the duty to register is based, is guilty of
a misdemeanor punishable by imprisonment in a county jail not
exceeding six months.
   (i) Any person who is required to register under the act who
willfully violates any requirement of the act is guilty of a
continuing offense as to each requirement he or she violated.
   (j) In addition to any other penalty imposed under this section,
the failure to provide information required on registration and
reregistration forms of the Department of Justice, or the provision
of false information, is a crime punishable by imprisonment in a
county jail for a period not exceeding one year. Nothing in this
subdivision shall be construed to limit or prevent prosecution under
any applicable provision of law.
   (k) Whenever any person is released on parole or probation and is
required to register under the act but fails to do so within the time
prescribed, the parole authority or the court, as the case may be,
shall order the parole or probation of the person revoked. For
purposes of this subdivision, "parole authority" has the same meaning
as described in Section 3000.
Section: Previous  290.012  290.013  290.014  290.015  290.016  290.017  290.018  290.019  290.020  290.021  290.022  290.023  290.024  290.01  Next

Last modified: March 17, 2014