Category: Johnson v. Department of Justice

Johnson v. Department of Justice – an equal protection analysis

Johnson v. Department of Justice – an equal protection analysis

Under Penal Code section 290, all persons convicted of consensual oral copulation with a partner under 18 must register as a sex offender.  In 2006, the California Supreme Court in People v. Hofsheier held 6-1 that the mandatory registration unconstitutionally denied the defendant the equal protection of the laws because a person convicted of consensual sexual intercourse with a partner under 18 (Penal Code section 261.5) would not be subject to mandatory registration.  On January 29, 2015, however, Johnson v. Department of Justice overruled Hofsheier by a 5-2 vote and reinstated the mandatory registration requirement for those convicted of consensual...

Johnson v. Department of Justice – Equal Protection and Mandatory Registration for Sex Offenders

Johnson v. Department of Justice – Equal Protection and Mandatory Registration for Sex Offenders

This is the first of two SCOCAblog posts on the recent opinion of Johnson v. Department of Justice. Keep a look out for a second posting with further analysis early next week. Summary: California’s sex offender registration scheme, Penal Code section 290 et seq., treats defendants convicted of engaging in non-forcible oral sex with a minor differently than those who engage in vaginal sex with a minor. Most pertinent to this case, the statutes give judges discretion whether or not to impose registration on an adult who has non-forcible vaginal sex with a 16-year-old, but lifetime registration is mandatory for an...