8 Things Sex Offenders Are Not Allowed to Do in California
Being registered as a sex offender in California comes with many restrictions that can significantly impact daily life.
From where someone can live to the activities they can engage in, these rules are designed to monitor and limit certain behaviors. If you or someone you know is dealing with the consequences of a sex offense conviction, it’s important to understand these restrictions.
In this post, we’ll cover eight things sex offenders in California are not allowed to do and what happens if those rules are violated.
1. Live in Certain Areas
Sex offenders are often restricted from living within a specified distance of schools, parks, daycare centers, and other places where children regularly gather. In California, this restriction (known as Jessica’s Law) originally prohibited sex offenders from living within 2,000 feet of such locations.
However, in 2015, the California Supreme Court ruled that blanket application of this law was unconstitutional. Now, residency restrictions are determined on a case-by-case basis.
Key points:
- Residency restrictions vary based on the specific offense and individual circumstances
- Some areas may have additional local ordinances imposing further restrictions
- Violation of these restrictions can result in additional criminal charges
2. Work in Certain Professions
Many professions are off-limits to registered sex offenders, especially those involving contact with children or vulnerable adults. These may include:
- Teaching or working in schools
- Childcare
- Healthcare (in some cases)
- Law enforcement
- Some government positions
Additionally, many private employers conduct background checks and may choose not to hire registered sex offenders.
3. Use the Internet Without Restrictions
While there’s no blanket ban on sex offenders using the internet or social media in California, certain convicted sex offenders are required to register their internet identifiers with law enforcement. Specifically:
- Individuals convicted of a felony sex offense on or after January 1, 2017, that requires registration, must register their internet identifiers if they used the internet to collect private information about a victim to further the commission of their crime.
- These offenders must notify law enforcement within 30 days of establishing or changing an internet identifier.
- Law enforcement can only use this information to investigate sex-related crimes, kidnapping, or human trafficking.
- This information is not made public or disclosed except as required by court order.
It’s important to note that these requirements don’t apply to all registered sex offenders, only those meeting specific criteria. The law aims to balance public safety concerns with individual rights to internet access.
4. Travel Without Notification
Registered sex offenders typically must notify authorities when they travel, even for short periods. This includes:
- Informing local law enforcement of travel plans
- Registering with authorities in the destination location for extended stays
- Potential restrictions on international travel
Failure to comply with these notification requirements can result in severe penalties.
5. Participate in Halloween Activities
In California, registered sex offenders on parole or probation face significant restrictions during Halloween as part of “Operation Boo,” a program run by the California Department of Corrections and Rehabilitation since 1994.
These restrictions, in effect from 5 p.m. to 5 a.m. on Halloween night, include:
- Staying in their own home
- Not answering the door for anyone except law enforcement
- Keeping all exterior lights off
- Not passing out treats
- Not decorating their house for Halloween
It’s important to note that these restrictions apply specifically to registered sex offenders who are on parole or probation, not necessarily to all registered sex offenders in California.
Previously, some counties required offenders to post a sign discouraging trick-or-treaters, but this requirement was ruled unconstitutional by a federal court in 2016 and is no longer enforced.
Law enforcement conducts compliance checks on Halloween night to ensure these rules are being followed. Violating these restrictions can result in serious consequences, including potential parole or probation violations.
6. Own or Possess Firearms
Federal law prohibits individuals convicted of certain sex offenses from owning or possessing firearms. In California, most felony convictions, including many sex offenses, result in a lifetime ban on firearm ownership.
Key points:
- This restriction applies even if the sex offense did not involve the use of a weapon
- Attempts to purchase or possess firearms can result in additional criminal charges
7. Change Names Without Court Approval
In California, registered sex offenders must obtain court approval before legally changing their names. This requirement aims to prevent offenders from evading registration requirements by altering their identities.
The process involves:
- Filing a petition with the court
- Notifying the district attorney
- Potentially attending a hearing to explain the reason for the name change
8. Foster or Adopt Children
Registered sex offenders are generally prohibited from fostering or adopting children. This restriction applies even if the offense did not involve minors. In some cases, this prohibition can extend to living in households where foster children are present.
Additional Considerations
It’s crucial to note that restrictions can vary based on:
- The specific offense
- The offender’s risk assessment level
- Local laws and ordinances
- Terms of probation or parole
Moreover, failing to comply with these restrictions can result in severe consequences, including:
- Additional criminal charges
- Revocation of probation or parole
- Increased registration requirements
Facing Sex Offense Charges? Protect Your Future Now
The restrictions placed on registered sex offenders are extensive and can have a profound impact on daily life. If you’re facing charges that could lead to sex offender registration, it’s crucial to understand these potential long-term consequences.
At David P. Shapiro Criminal Defense Attorneys, we have experience defending against sex offense charges and can help you understand the full implications of a potential conviction. Our goal is to protect your rights and fight for the best possible outcome in your case.
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.
Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.