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Name: People v. Luansing
Case #: B210413
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 08/11/2009
Summary

Mandatory sex-offender registration pursuant to Penal Code section 290, as applied to a person convicted of committing oral copulation by a person over age 21 with a person under the age of 16 (Pen. Code, sec. 288a subd. (b)(2)), violates equal protection. Thirty-year-old appellant gave a ride to a boy who was under the age of 16. In the car, appellant performed oral sex on the minor at the minor’s request. As a result of this conduct, appellant was convicted of section 288a, subdivision (b)(2), granted probation and subjected to mandatory lifetime registration as a sex offender. Referencing People v. Hofsheier (2006) 37 Cal.4th 1185, and focusing on the conviction as opposed to underlying conduct, the appellate court found the mandatory registration violative of equal protection as appellant was similarly situated with an offender convicted of unlawful sexual intercourse with a minor of the same age (Pen. Code, sec.. 261.5, subd. (c)), who was subject only to discretionary registration. This approach comports with the registration statutes themselves which are triggered by convictions and not underlying conduct. (Disagreeing with People v. Manchel (2008) 163 Cal.App.4th 1108.)