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Name: In re Derrick B.
Case #: S124205
Court: CA Supreme Court
District CalSup
Opinion Date: 08/10/2006
Summary

A juvenile may not be ordered to register as a sex offender under Penal Code section 290 if his offenses are not listed in subdivision (d)(3) of that section. The minor was originally alleged to have committed a violation of section 288, subdivision (a), but ultimately admitted committing sexual battery (Pen. Code, sec. 243.4). After he was declared a ward of the court and failed in several placements, he was sent to the California Youth Authority and ordered to register as a sex offender under Penal Code section 290. The California Suprme Court reversed the appellate court’s affirmance of this order, because section 243.4 is not listed in section 290, subdivision (d)(3), which lists the circumstances under which a juvenile may be ordered to register as a sex offender. The separate subdivision permitting discretionary registration orders for unlisted offenses does not apply to juveniles, because that subdivision makes specific reference to “conviction” and “sentencing.” The statutory language shows a clear legislative intent to differentiate between juveniles and adults.