CONSENSUAL SODOMY WITH A MINOR AND MANDATORY SEX OFFENDER REGISTRATION
here we have yet another Hofsheier (37 Cal.4th 1185) case. Hofsheier held that the mandatory registration requirement in California Penal Code sec. 290 for consensual oral sex with a minor violated equal protection, because registration isn't mandatory for consensual sexual intercourse with a minor.
This case involves consensual sodomy with a minor, a violation of California Penal Code sec. 286. The Court of Appeal holds that mandatory 290 registration for this offense also violates equal protection. But the Court of Appeal remands for consideration of discretionary
registration.
To do so, the trial court must find that the crime was committed as a result of sexual compulsion or for sexual gratification AND the court states reasons for requiring registration. Garcia (161 Cal.App.4th 475) said that this latter point means that even if the offense was done for sexual gratification, the trial court has discretion to
weigh the reasons.
Of note in this case is a weirdo concurring opinion, concurring in the result but complaining that minors can't really consent to sex and we should stop saying that they do. Huh?
People v. Thompson; 2009 DJ DAR 14309; DJ, 10/1/09; C/A 1st
