Legal Question in Criminal Law in California
How is it possible to plead guilty to california penal code 311.2a (a misdemeaner) and be required to
register as a felony sex offender. I am in that situation now. Initially the first time I registered the california
department of justice sent me a letter signed by the attorney general saying that my offense was not one
requiring registration as a sex offender. I took the letter to the county sheriffs department to see what I
could do. The officer took the document to research it's validity while I waited. He told me that someone
at the department of justice had made a mistake that I had been sentenced by the court. Because I have
been homeless in the past I no longer have the letter. I am no longer homeless and have sufficent income
now to pursue this issue. I have researched the california law library and can find no requirement to register as a sex offender under the misdemeaner california penal code 311.2a. could you check this out.
1 Answer from Attorneys
The Attorney General was correct. The Sheriff should not be giving legal advice, but rather enforcing the law as it stands.
Penal Code section 290 lists the offenses that requires lifetime registration as a sex offender.
Although the other subdivisions of Penal Code section 311.2 are listed, a violation of Penal Code section 311.2 subdivision (a) is not listed.
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