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Federal Court Looks At A Municipal Sex Offender Law

Okabe & Haushalter Nov 20, 2019 Sex Crimes

When it comes to understanding sex offender requirements, it can be confusing. This is especially true due to various jurisdictions around the state implementing different rules. At Okabe & Haushalter, we have extensive experience in this area of law and work to defend those who have been charged with sex offenses.

Our Los Angeles sex crimes defense attorneys are ready to help if you are facing these charges. Today, we want to look at a recent case in the state that could shape sex offender registry requirements.

What happened in this case?

We are going to go out of our usual coverage area to San Diego so we can discuss a recent case involving how much control individual municipalities have over sex offenders in the state.

Recently, a federal judge rules that a San Diego ordinance that restricts where registered sex offenders can live violates state law. The ordinance, titled the Child Protection Act, was passed by the city in 2008. However, it has not been enforced since 2009 because of constitutional concerns.

The ordinance prohibited sex offenders from living within 2,000 feet of any “minor-oriented facility.” This could include schools, parks, daycares, arcades, etc. The ordinance applied to everyone on the state’s sex offender registry. This included offenders who were not convicted of crimes related to minors and did not look at the severity of the crime or where the crime occurred.

Most importantly, the ordinance applied to those who were no longer on parole in the state. State law, passed in 2006, allows local governments to control where sex offenders live, but courts have since made that rule applicable only to those on parole.

The city’s attorneys expected this ruling because the California Supreme Court has found other similar ordinances around the state to be unconstitutional.

The sex offender registry is a tough penalty

If you are facing sex crime charges, then you are also likely facing the possibility of being required to register as a sex offender. Being on the registry results in punishment long after any prison sentence or probation. The public will know where you live and work, what can you drive, and what you look like.

While the state has taken steps to allow many sex offenders to get off of the registry, you want to do everything you can to avoid being required to register in the first place.

We can help you get through this

If you or someone you love is facing sex crime charges, please seek legal assistance immediately. The best way to get through this situation is with a skilled and experienced attorney by your side. At Okabe & Haushalter, we will bring an award-winning team to your side. Facing charges like this can be scary. The consequences are severe, which is why we will work to build a solid defense on your behalf. Our goal is to get the charges against you dropped or dismissed. When you need a Los Angeles sex crimes defense attorney, you can contact us today by calling 310-430-7799 for a free consultation.