Britt
People v. Britt
Opinion
Opinion
When a registered sex offender changes his or her residence in California, the person must, within five working days, provide written notification of the change to the law enforcement agency with which the person was last registered. (Pen. Code, § 290, subd. (f)(1); further section references are to this code.) The person also must, within five working days, register with the chief law enforcement officer of the jurisdiction into which the person moves. (§ 290, subd. (a)(1)(A).)
The question posed by this appeal is whether a registered sex offender who fails to notify law enforcement agencies of the person's change of address when he or she moves from one county to another can be prosecuted in one county for the failure to notify law enforcement that the person was leaving the county, and then be prosecuted separately in the other county for the failure to register in that county when the person took up residence there.
As we will explain, both prosecutions are permissible because a person necessarily has two separate intents and objectives in violating both subdivisions (a) and (f) of section 290, and each crime is a separate continuing act that is not so…