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Case of the Month: People v. Hofsheier
Does Penal Code section 290 violate the equal protection clause of the state or federal Constitution by requiring a defendant convicted of oral copulation with a minor to register as a sex offender but not requiring such regsitration by a defendant convicted of unlawful sexual intercourse with a minor?
Held: To subject defendant to the mandatory registration requirement of section 290, subdivision (a)(1)(A) would deny defendant the equal protection of the laws because there is no similar registration requirement for statutory rape. The Court of Appeal was directed to remand the case to the trial court, however, to exercise its discretion to determine whether the defendant should be required to register as a sex offender under section 290, subdivision (a)(2)(E). (People v. Hofsheier (2006) __ Cal.4th __ (S124636/H026217).) This case was decided on 3/6/06.
I would anticipate legislation to require sex offender reigstration for unlawful sex with a minor. (Pen. Code, section 261.5.) Such change would render Hofsheier void.