Ranscht

The record here shows the minor was 12 years old when defendant, then 18 years of age, digitally penetrated her vagina. Defendant engaged in other sexual acts with the minor when she was 13 and 14 years of age, including another instance when he digitally penetrated her vagina, touched and kissed her breasts, and fondled her *1376 genitalia. Defendant subsequently pled guilty to violating Penal Code 1 section 289, subdivision (h), which requires mandatory registration under section 290, subdivision (c).

Relying on People v. Hofsheier (2006) 37 Cal.4th 1185 [ 39 Cal.Rptr.3d 821 , 129 P.3d 29 ] (Hofsheier), the majority concludes that defendant received unequal treatment under the law because if defendant had engaged in sexual intercourse with the 12 year old, as opposed to digitally penetrating her, he would not have been subject to mandatory registration but instead only subject to discretionary registration. I respectfully disagree.

First, the court in Hofsheier made it clear throughout its opinion that its holding was limited to an equal protection challenge involving mandatory registration for a defendant convicted of voluntary oral copulation with a minor 16 or 17 years of…

In this case we address whether the California Supreme Court’s holding in People v. Hofsheier (2006) 37 Cal.4th 1185 [ 39 Cal.Rptr.3d 821 , 129 P.3d 29 ] (Hofsheier), that subjecting an offender convicted of voluntary oral copulation with a 16-year-old minor to mandatory lifetime sex offender registration violates equal protection, applies equally to an offender convicted of voluntary sexual penetration of a 13-year-old minor. We conclude that mandating lifetime sex offender registration for an offender convicted of sexually penetrating a 13-year-old minor violates equal protection because a similarly situated offender convicted of unlawful sexual intercourse with a victim the same age would not face mandatory lifetime registration. In doing so, we decline to follow the reasoning set forth in People v. Manchel (2008) 163 Cal.App.4th 1108 [ 78 Cal.Rptr.3d 194 ] (Manchel). Accordingly, we reverse and direct the trial court to exercise its discretion to determine whether defendant should be required to register as a sex offender.

FACTUAL AND PROCEDURAL BACKGROUND

In September 2000, then 17-year-old Brylan Ranscht met the victim, then 12-year-old Emma H., and the two…

McINTYRE, J.—

In this case we address whether the California Supreme Court's holding in People v. Hofsheier (2006) 37 Cal.4th 1185 [ 39 Cal.Rptr.3d 821 , 129 P.3d 29 ] ( Hofsheier ), that subjecting an offender convicted of voluntary oral copulation with a 16-year-old minor to mandatory lifetime sex offender registration violates equal protection, applies equally to an offender convicted of voluntary sexual penetration of a 13-year-old minor. We conclude that mandating lifetime sex offender registration for an offender convicted of sexually penetrating a 13-year-old minor violates equal protection because a similarly situated offender convicted of unlawful sexual intercourse with a victim the same age would not face mandatory lifetime registration. In doing so, we decline to follow the reasoning set forth in People v. Manchel (2008) 163 Cal.App.4th 1108 [ 78 Cal.Rptr.3d 194 ] ( Manchel ). Accordingly, we reverse and direct the trial court to exercise its discretion to determine whether defendant should be required to register as a sex offender.

In September 2000, then 17-year-old Brylan Ranscht met the victim, then 12-year-old Emma H., and the two entered into a mutual romantic…