Posted On: September 4, 2008
NO MANDATORY SEX REGISTRATION FOR CONSENSUAL ORAL SEX WITH A 14-YEAR OLD
In Hofsheier (37 Cal.4th 1185), the California Supreme Court held that mandatory sex offender registration under PC 290 for consensual oral copulation with a minor 16 or 17 violated equal protection, because consensual sexual intercourse with such a minor didn’t trigger mandatory registration.
This Court of Appeal applies Hofsheier to hold that mandatory registration for Penal Code 288a(b)(2), consensual oral copulation with a 14-year old, also violates equal protection.
People v. Hernandez; 2008 DJ DAR 13935; DJ, 9/4/08; C/A 2nd, Div. 2
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