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Some cities are contemplating whether to limit the ban to sex offenders who have been
<br />convicted of a crime against a child under the age of 18.
<br />LIMITING THE BAN TO REGISTERED SEX OFFENDERS "WHO HAVE BEEN CONVICTED
<br />OF A CRIME AGAINST A CHILD UNDER THE AGE OF 78"
<br />While drafting the County Ordinance, Supervisor Shawn Nalson and Orange County District
<br />Attorney Tony Rackauckas actively contemplated whether to exclude a certain class of offender
<br />in the proposed sex-offender statute. Of concern were those who, while a teenager, were
<br />convicted of engaging in consensual sex with a younger teenager and now must register as a
<br />sex offender for life, although he has subsequently grown up with no further violations. Since
<br />then, others have voiced their concern of former "fraternity boys" who they believe now have the
<br />requirement to register as sex offenders after being arrested for urinating in public.
<br />There seem to be many myths as to the persons who are required to register as sex offenders.
<br />PENAL CODE SECTION 290 (c) states:
<br />The following persons shall be required to register: Any person who, since July 1 , 1944, has
<br />been or is hereafter convicted in any court in this state or in any federal or military court of a
<br />violation of Section 187 (murder) committed in the perpetration, or an attempt to perpetrate,
<br />rape or any act punishable under Section 286 (sodomy), 288 (lewd acts upon a child), 288a
<br />(oral copulation of a minor), or 289 (forcible sexual penetration), Section 207 (forcible
<br />kidnapping) or 209 (forcible kidnapping for ransom) committed with intent to violate Section
<br />261(rape), 286 (sodomy), 288 (lewd acts upon a child), 288a (oral copulations of a minor), or
<br />289 (forcible sexual penetration), Section 220 (forcible and or in concert or assault with intent to
<br />commit rape, sodomy, oral copulation, lewd acts upon a child or penetration, Section 243.4
<br />(sexual battery), paragraph (1 ), (2), (3), (4), or (6) of subdivision (a) of Section 261 (rape of a
<br />mentally incapacitated victim, forcible rape, rape of a victim who in unable to resist due to
<br />intoxication, rape of an unconscious victim and rape using threat to retaliate, paragraph (1) of
<br />subdivision (a) of Section 262 spousal rape) involving the use of force or violence for which the
<br />person is sentenced to the state prison, Section 264.1 (forcible rape, spousal rape, sexual
<br />penetration acting on concert of another), 266 (enticing a minor into prostitution or procurement
<br />of sex with another man by fraud), or 266c (sexual intercourse or penetration, oral copulation or
<br />sodomy using fraud or force), subdivision (b) of Section 266h (pimping a minor for prostitution),
<br />subdivision (b) of Section 266i (pandering a minor for prostitution), Section 266j (making
<br />available or transporting a minor for lewd acts), 267 (taking a minor from parents or guardian for
<br />prostitution), 269 (aggravated sexual assault of a child under 14 where the perpetrator is more
<br />than 7 years older involving forcible rape, oral copulation, sexual penetration or sodomy), 285
<br />(incest), 286 (sodomy), 288 (lewd acts upon a child), 288a (oral copulation of a minor), 288.3
<br />(contacting of a minor to commit forcible kidnapping or kidnapping for ransom, rape, child
<br />endangerment, sodomy, lewd acts upon a child, oral copulation of a minor, forcible sexual
<br />penetration, possession ofi child pornography, 288.4, contact with a minor with sexual intent),
<br />288.5 (continuous sexual abuse of a child), 288.7 (sexual intercourse, sodomy, penetration of a
<br />child under the age of 10), 289 (forcible sexual penetration), or 311.1 (distributing child
<br />pornography), subdivision (b), (c), or (d) of Section 311.2 (production of child pornography),
<br />Section 311.3 (developing or exchanging child pornography), 311.4 (employing minor to assist
<br />in distribution of child pornography), 311.10 (advertising or distributing child pornography),
<br />311.1'1 (possession of child pornography), or 647.6 (child annoyance) former Section 647a,
<br />subdivision (c) of Section 653f (solicitation of forcible and or acting in concert, rape, sodomy,
<br />oral copulation, lewd acts upon a child, and sexual penetration, subdivision 1 or 2 of Section
<br />314, indecent exposure, any offense involving lewd or lascivious conduct under Section 272,
<br />50A-10
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