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Does A Minor Have To Comply With All Terms Of Cpc 290?

13 Jan

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Neither sex offender registration requirements nor Sexually Violent Predator Act civil commitment proceedings constitute punishment in the constitutional sense, so laws subjecting a juvenile offender, unlike an adult, to those consequences without a jury trial do not violate equal protection clauses. Residency restrictions imposed by Proposition 83–known as Jessica’s Law–barring registered sex offenders from living within 2,000 feet of a school or park, are so onerous that they may not be imposed on a juvenile offender in the absence of a jury trial. Where juvenile was denied a jury trial on sex offenses punishable under Jessica’s Law, appropriate remedy was to allow prosecutor to choose between retrying juvenile with a jury or having court enjoin enforcement of residency restrictions.

In re J.L. – filed December 16, 2010, Fourth District, Div. Three – Cite as G040507

Tags: Child Abuse, Criminal Cases, Sex Crimes, sex crime, civil commitment proceedings, defense attorney, juvenile, registration, Jessica's Law

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