Posted On: November 12, 2007
REGISTRATION AS A SEX OFFENDER ISN'T PUNISHMENT
California Penal Code section 290 permits a trial judge to order registration as a sex offender
even for crimes not on the 290 list, if the judge finds that the crime was committed and motivated by sexual compulsion or for purposes of sexual gratification.
The trial judge made that finding here. Hey, why doesn't this violate Apprendi (530 US 466), requiring a jury to find any fact used to increase punishment?
You guessed it, registration as a sex offender isn't punishment. Come on, tell that to every one registers who can't find housing or a job.
People v. Presley; 2007 DJ DAR 16784; DJ, 11/12/07; C/A 3rd
