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<br /> The court may imply knowledge (scienter) element to the crime. A court would require evidence
<br /> showing the defendant knew or reasonably should have known the "park" was a place where
<br /> children regularly gather-
<br /> Some cities are contemplating whether to limit the ban to sex offenders who have been
<br /> convicted of a crime against a child under the age of 18.
<br /> LIMITING THE BAN TO REGISTERED SEX OFFENDERS "WHO HAVE BEEN CONVICTED
<br /> OF A CRIME AGAINST A CHILD UNDER THE AGE OF 18"
<br /> While drafting the County Ordinance, Supervisor Shawn Nelson and Orange County District
<br /> Attorney Tony Rackauckas actively contemplated whether to exclude a certain class of offender
<br /> in the proposed sex-offender statute. Of concern were those who, while a teenager, were
<br /> convicted of engaging in consensual sex with a younger teenager and now must register as a
<br /> sex offender for life, although he has subsequently grown up with no further violations. Since
<br /> then, others have voiced their concern of former "fraternity. boys" who they believe now have the
<br /> requirement to register as sex offenders after being arrested for urinating in public.
<br /> There seem to be many myths as to the persons who are required to register as sex offenders-
<br /> PENAL CODE SECTION 290 (c) states:
<br /> The following persons shall be required to register: Any person who, since July 1, 1944, has
<br /> been or is hereafter convicted in any court in this state or in any federal or military court of a
<br /> violation of Section 187 (murder) committed in the perpetration, or an attempt to perpetrate,
<br /> rape or any act punishable under Section 286 (sodomy), 288 (lewd acts upon a child), 288a
<br /> (oral copulation of a minor), or 289 (forcible sexual penetration), Section 207 (forcible
<br /> kidnapping) or 209 (forcible kidnapping for ransom) committed with intent to violate Section
<br /> 261(rape), 286 (sodomy), 288 (lewd acts upon a child), 288a (oral copulations of a minor), or
<br /> 289 (forcible sexual penetration), Section 220 (forcible and or in concert or assault with intent to
<br /> commit rape, sodomy, oral copulation, lewd acts upon a child or penetration, Section 243.4
<br /> (sexual battery), paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261 (rape of a
<br /> mentally incapacitated victim, forcible rape, rape of a victim who in unable to resist due to
<br /> intoxication, rape of an unconscious victim and rape using threat to retaliate, paragraph (1) of
<br /> subdivision (a) of Section 262 spousal rape) involving the use of force or violence for which the
<br /> person is sentenced to the state prison, Section 264.1 (forcible rape, spousal rape, sexual
<br /> penetration acting on concert of another), 266 (enticing a minor into prostitution or procurement
<br /> of sex with another man by fraud), or 266c (sexual intercourse or penetration, oral copulation or
<br /> sodomy using fraud or force), subdivision (b) of Section 266h (pimping a minor for prostitution),
<br /> subdivision (b) of Section 2661 (pandering a minor for prostitution), Section 266j (making
<br /> available or transporting a minor for lewd acts), 267 (taking a minor from parents or guardian for
<br /> prostitution), 269 (aggravated sexual assault of a child under 14 where the perpetrator is more
<br /> than 7 years older involving forcible rape, oral copulation, sexual penetration or sodomy), 285
<br /> (incest), 286 (sodomy), 288 (lewd acts upon a child), 288a (oral copulation of a minor), 288.3
<br /> (contacting of a minor to commit forcible kidnapping or kidnapping for ransom, rape, child
<br /> endangerment, sodomy, lewd acts upon a child, oral copulation of a minor, forcible sexual
<br /> penetration, possession of child pornography, 288.4, contact with a minor with sexual intent),
<br /> 288.5 (continuous sexual abuse of a child), 288.7 (sexual intercourse, sodomy, penetration of a
<br /> child under the age of 10), 289 (forcible sexual penetration), or 311.1 (distributing child
<br /> pornography), subdivision (b), (c), or (d) of Section 311.2 (production of child pornography),
<br /> Section 311.3 (developing or exchanging child pornography), 311.4 (employing minor to assist
<br /> in distribution of child pornography), 311.10 (advertising or distributing child pornography),
<br /> 311.11 (possession of child pornography), or 647.6 (child annoyance) former Section 647a,
<br /> subdivision (c) of Section 653f (solicitation of forcible and or acting in concert, rape, sodomy,
<br /> 9
<br /> 5OA-25
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