Legal Question in Criminal Law in California

If a person is convicted of PC 311.1(a) do they have to register as a sex offender and wouldn't they show up on Megan's Law web site? A man was convicted of PC 487(A) FEL (grand theft) and PC 311.1(A) MIS and they were sentenced to work furlough for a year and formal probation for 5 years. During that time they violated their probation twice. Now they have completed the probation and they have requested to have their conviction reduced to a misdemeanor and it was granted, and they also requested to have their conviction "set aside". I do not see this person registered on the Megan's Law web site.


Asked on 9/25/09, 1:09 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

California Penal Code �311.1(a) is exhibiting obscene material to a minor. It is a wobbler, which means it may be charged as a felony of a misdemeanor. From what you have posted, it looks like the person was convicted of felony grand theft and Penal Code �311.1(a) as a misdemeanor.

A misdemeanor conviction would require the person to register as a sex offender under Penal Code �290, but Penal Code �290.46 would not require the Department of Justice to place the person on the Megan's Law website.

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Answered on 9/25/09, 10:06 pm


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