The Court of Appeal affirms the denial of defendant’s petition to terminate his sex offender registration obligation. Amongst the seven PC 290.5 factors the court must consider, the nature and facts of the registerable offense is one that carries substantial weight. The court emphasized that the post-conviction passage of PC 288.7, which increased the penalty for defendant’s crime—adult sexual intercourse with a child under 10—is relevant to show that the Legislature believed that the nature and severity of the crime posed a greater community risk than previously thought. The court disagrees with People v. Franco (2024) 99 Cal.App.5th 184, which rejected the relevance of PC 288.7.

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/B328627.PDF

The California Supreme Court ordered this case depublished on October 16, 2024 (S286721)