Posted On: November 13, 2009 by Mary Frances Prevost

CALIFORNIA CRIMINAL DEFENSE: KNOWLEDGE AND FAILURE TO REGISTER AS SEX OFFENDER

KNOWLEDGE AND FAILURE TO REGISTER

The defendant here was convicted of failing to register as a sex offender for failing to register at a second address where he was also living. The defendant must have knowledge of a duty to register at a second address, but no jury instruction told this to the jury. The Court of Appeal finds error here, but harmless. The dissenting opinion explains why this can't be
harmless.

People v. Cohens; 2009 DJ DAR 15923; DJ, 11/11/09; C/A 4th, Div. 2