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...
