Legal Question in Criminal Law in California

Felons' rights

Can a felon convicted of a sexual crime be forced to move out of and/or sell his or her legally owned home because the state or county has decided to build a school inside the proscribed area within which he or she may not be associated with children.


Asked on 7/16/05, 1:23 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Felons' rights

The state probably can't force him to sell the house, but since he is legally forbidden to be close to a school and since he will soon be closer to a school than the law permits, he will be in violation if he stays. The law should allow him to keep the property and rent it out if he wants, but he can indeed be required to stay away from it.

I should add that not all "sexual crimes" would lead to such a result. A conviction for simple prostitution or solicitation would not be enough to lead to this type of restriction. But a conviction for sexual assault, rape, illegal sexual contact with a minor (which most other states call "statutory rape"), etc. carries much more serious consequences.

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Answered on 7/16/05, 8:20 pm


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