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Name: In re Alva
Case #: S098928
Court: CA Supreme Court
District CalSup
Opinion Date: 06/28/2004

Requiring a defendant to register as a sex offender for a conviction under Penal Code section 311.11, subdivision (1), misdemeanor possession of child pornography, is not cruel and unusual under the California Constitution because sex offender registration is not punitive. In so holding, the court overruled In re Reed (1983) 33 Cal.3d 914, in which the court had ruled that requiring lifelong registration for a misdemeanor conviction for engaging in lewd or dissolute conduct in a public place was cruel and unusual punishment.