People v. Kennedy

Defendant Brian Roger Kennedy pleaded no contest to attempting to exhibit harmful matter to a minor by the Internet (Pen. Code, §§ 664, 288.2, subd. (b)) and guilty to possessing a controlled substance (Health and Saf. Code, § 11350, subd. (a)). The trial court denied defendant’s motion to reduce his section 288.2, subdivision (b) offense to a misdemeanor with leave to refile the motion at a later time. The court also suspended imposition of sentence, placed defendant on probation for five years with various terms and conditions, and ordered defendant to register as a sex offender under section 290.

On appeal, defendant contends that the section 290 mandatory registration requirement violates the equal protection provisions of the federal and state Constitutions because there is no rational basis for requiring defendant to register when those who commit other felony sex offenses are not required to register. His argument is based on People v. Hofsheier (2006) 37 Cal.4th 1185 [ 39 Cal.Rptr.3d 821 , 129 P.3d 29 ] (Hofsheier), where our Supreme Court held unconstitutional the application of mandatory lifetime sex offender registration under section 290 to a defendant…