In Re King

*556 Opinion

Petitioner Delbert King pleaded guilty to one count of misdemeanor indecent exposure in violation of Penal Code section 314, subdivision I. 1 The court suspended imposition of sentence and granted three years summary probation. As a condition of probation, petitioner was ordered to register as a sex offender pursuant to Penal Code section 290. He was also ordered to obey all laws, pay a fine of $300, obtain a psychological report and attend counseling. He seeks a writ of habeas corpus contending the mandatory registration requirement violates the constitutional prohibition against cruel or unusual punishment. (Cal. Const., art. I, § 17.)

In re Reed (1983) 33 Cal.3d 914 [ 191 Cal.Rptr. 658 , 663 P.2d 216 ] addressed the constitutionality of ordering sex offenders to register pursuant to section 290 for violation of section 647, subdivision (a). The petitioner in Reed was convicted of soliciting “lewd or dissolute conduct” in violation of section 647, subdivision (a). His probation was conditioned upon his registering as a sex offender pursuant to section 290. In reviewing his habeas corpus petition, the California Supreme Court first held registration is a form of…

I concur, but lament the necessary inflexibility of the result. For I can suggest numerous examples of indecent exposure cases where it might be appropriate to require registration during the period of probation, which generally varies from one to three years. Multiple and repeat offenders, and particularly those who make a practice of selecting audiences of small children, should at least be subject to registration in the exercise of the court’s sound discretion for that relatively brief period.

If the Supreme Court was unable to carve out such reasonable exceptions in Reed, however, we can hardly do so here. Just as in Reed, we must take the seemingly illogical step of declaring a condition of probation invalid because to impose it for a lifetime is cruel or unusual under article I, section 17 of the California Constitution, even though conditions of probation do *559 not last a lifetime and expire, of course, with the termination of probation. Reed explains why: “Although the obligation to register may be terminated pursuant to section 1203.4, there is no provision for expunging the initial registration. Thus, for example, a person who lives in Los Angeles but is convicted…

Petitioner Delbert King pleaded guilty to one count of misdemeanor indecent exposure in violation of Penal Code section 314, subdivision 1. [1] The court suspended imposition of sentence and granted three years summary probation. As a condition of probation, petitioner was ordered to register as a sex offender pursuant to Penal Code section 290. He was also ordered to obey all laws, pay a fine of $300, obtain a psychological report and attend counseling. He seeks a writ of habeas corpus contending the mandatory registration requirement violates the constitutional prohibition against cruel or unusual punishment. (Cal. Const., art. I, § 17.) [2]

In re Reed (1983) 33 Cal.3d 914 [ 191 Cal. Rptr. 658 , 663 P.2d 216 ] addressed the constitutionality of ordering sex offenders to register pursuant to section 290 for violation of section 647, subdivision (a). The petitioner in Reed was convicted of soliciting "lewd or dissolute conduct" in violation of section 647, subdivision (a). His probation was conditioned upon his registering as a sex offender pursuant to section 290. (1) In reviewing his habeas corpus petition, the California Supreme Court first held…