Posted On: December 22, 2009 by Mary Frances Prevost

CALIFORNIA CRIMINAL LAW: THE DEFENSE OF BEING TOO DEPRESSED TO REMEMBER TO REGISTER AS A SEX OFFENDER?

THE DEFENSE OF BEING TOO DEPRESSED TO REMEMBER TO REGISTER AS A SEX OFFENDER

The charge here was failure to register as a sex offender, under California penal Code sec. 290. The defense tried to present evidence from a psychologist that the defendant was depressed, and that's why he didn't register. The court refused to permit that evidence. The California Court of appeal affirms ruling that depression or psychological disability is not a defense to the duty to register, so long as the defendant has knowledge of that duty.

People v. Bejarano; 2009 DJ DAR 17699; DJ, 12/22/09; C/A 4th, Div. 2