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Name: People v. Nguyen
Case #: G048228
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 01/10/2014
Summary

State statutory scheme regulating sex offender activities preempts local ordinance prohibiting sex offenders from entering city parks and recreational facilities. The prosecutor appealed from a judgment sustaining a demurrer to a misdemeanor complaint charging Nguyen with violation of a City of Irvine ordinance prohibiting registered sex offenders from entering city parks without written permission from the city’s police chief. The trial court concluded that state law preempted prosecution under a local ordinance because the Legislature has enacted a comprehensive statutory scheme regulating the daily lives of sex offenders. The appellate court agreed and affirmed. The state statutory scheme imposing restrictions on a sex offender’s daily life fully occupies the field and preempts the City of Irvine’s effort to restrict sex offenders from city parks and recreational facilities.