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Name: In re Derrick B.
Case #: F043067
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 03/23/2004
Subsequent History: Review granted 6/16/04: S124205

The juvenile court did not err in requiring the minor to register as a sex offender under Penal Code section 290, where the minor’s offense was not specifically listed under that section but was committed for sexual gratification or as the result of a sexual compulsion. A petition filed in 1999 alleged that the minor had violated Penal Code section 288, subdivision (a), and the minor eventually admitted a violation of section 243.4, subdivision (a), sexual battery. After several probation violations the minor was committed to the California Youth Authority and ordered to register as a sex offender upon his release. On appeal, the minor argued that because sexual battery is not included in the list of crimes in section 290, subdivision (d), the juvenile court lacked the authority to order him to register, and that subdivision (a)(2)(E) of that section does not apply to juvenile wards. The court of appeal rejected the latter contention, holding that the legislature clearly intended for that section to apply to juveniles, and finding no constitutional violation in that application. Finally, the court rejected the argument that the registration requirement could not stand where the juvenile court had failed to make an express finding that the offense was caused by a sexual compulsion or was committed for the minor’s sexual gratification, holding that the argument was waived by the minor’s failure to object, and further holding that the record would support an implied finding in any event.