California’s domestic abuse laws apply to any crime that is perpetrated against one’s intimate partner, whether heterosexual or homosexual. With respect to the gay, lesbian, bisexual and transgender community, intimate partners are partners who live together, who have children together, who are dating, who are civilly joined or who no longer remain a couple but who formerly shared one of these relationships. It therefore follows that an individual who touches an intimate part of his or her “intimate partner” in an act of sexual abuse or for his or her own sexual gratification may be charged with sexual battery as a crime of domestic violence. If convicted of this offense, the defendant must register as a sex offender, pursuant to California Penal Code Section 290.

In California, when an individual is convicted of certain sex crimes, including sexual battery, he or she is required to register as a sex offender with a local law enforcement agency. Prior to being placed on probation, or prior to being released from jail or prison, the convicted defendant will be notified in writing of his or her duty to register, and the Department of Justice (DOJ) receives a copy of that notification.

Registered sex offenders must update their information annually, within five days of their birthday. However, if an offender moves or changes his or her name after an update, he or she is required to notify the local law enforcement agency within five days of that date. Certain sex offenders must update more frequently than yearly, such as transients (people who don’t have legal addresses) and sexually violent predators.

This information is maintained in the sex offender tracking program at the DOJ, which is posted on the Internet under certain circumstances. The program keeps track of each individual’s upcoming required update and also keeps track of violations of those updates. The DOJ updates their sex offender database daily, based on information that it receives from various law enforcement agencies.

Once registered, an individual’s information (either full address and other pertinent information or a zip code with other pertinent information) can be found online at meganslaw, which is the California website run by the Office of the Attorney General, Department of Justice. However, not every registered sex offender will appear on the Internet, because about 25% are excluded from public disclosure. Whether or not one’s information can be publicly disclosed is based on the specific sex crime that he or she was convicted of, as persons convicted of the “less serious” sex crimes may apply for exclusion.

California was the first state to enact a sex offender registration law, about 45 years ahead of most other states. It is also one of the toughest states on its intimate partner abuse offenders and penalizes them heavily for committing this offense. With this being the case, it is imperative that one who is accused of sexual battery immediately hires a California domestic violence attorney who is familiar with every aspect of a sexual battery case and can effectively implement all its defenses. The GLBT supportive criminal defense lawyers at the Kavinoky Law Firm have law offices located in Los Angeles and throughout California and specialize in California DV crimes. They receive on-going education and training in this specific area of the law, which is directly responsible for their outstanding results. When things are at their worst, the attorneys at the Kavinoky Law Firm are at their best! Contact them today for a free consultation and for the best representation.