Sorden

A registered sex offender must, within five working days of the offender’s birthday, update his or her registration. (Pen. Code, § 290, subd. (a)(1)(D).) 1 Willful failure to update one’s registration is a felony. (§290, subd. (g)(2).) In People v. Barker (2004) 34 Cal.4th 345 [ 18 Cal.Rptr.3d 260 , 96 P.3d 507 ] (Barker), we held the willfulness element of the offense may not be negated by evidence the defendant “just forgot” to register. (Id. at p. 358.) We reserved judgment “as to whether forgetfulness resulting from, for example, an acute psychological condition, or a chronic deficit of memory or intelligence might negate the willfulness required for a section 290 violation.” (Ibid.) This case presents the question whether forgetting to update one’s registration because of severe depression may negate the section 290 willfulness requirement.

The Attorney General contends willful failure to update one’s registration as a sex offender is a general intent crime, and, therefore, evidence that defendant forgot to update his registration due to depression was inadmissible *69 under section 28, subdivision (a). 2 Defendant responds that the due process right to present a…

This case, as the majority states, presents the question whether forgetting to update one’s registration “because of severe depression" may negate the Penal Code section 290 (section 290) willfulness requirement. (Maj. opn., ante, at p. 68.) Without directly answering the stated question, the majority holds that “the willfulness element of the offense [of failure to register] may be negated by evidence that an involuntary condition—physical or mental, temporary or permanent— deprived a defendant of actual knowledge of his or her duty to register.” (Id. at p. 69.) I agree. The majority further holds that “[o]nly the most disabling of conditions . . . would qualify under the standard [it] announce[s] today.” (Ibid.) As an abstract principle, I agree. Certainly the condition must be sufficiently disabling so as to deprive the afflicted individual of his or her awareness or knowledge of the duty to register.

The majority, however, goes further. In an ipse dixit resolving the factual issue defendant never had the opportunity in the trial court to address, the majority declares: “Defendant’s claimed depression clearly did not satisfy this standard. Defendant knew of his obligation to…

A person convicted of specified sex offenses must register with law enforcement officials and update the registration within five working days of the person’s birthday; “willful” failure to comply is a felony. (Pen. Code, § 290.) In People v. Barker (2004) 34 Cal.4th 345 [ 18 Cal.Rptr.3d 260 , 96 P.3d 507 ] (Barker), this court held that forgetting to update the registration constitutes willfully failing to register within the meaning of section 290. I dissented. I explained: “Forgetting cannot be willed; it is an unplanned malfunction of the conscious mind. For this reason, a person who intends to do something, but forgets to do it, has not willfully failed to do that thing.” (Barker, supra, 34 Cal.4th at p. 366 (dis. opn. of Kennard, J.).)

Left open in Barker was the question whether “forgetfulness resulting from, for example, an acute psychological condition, or a chronic deficit of memory or intelligence might negate the willfulness required for a section 290 violation.” (Barker, supra, 34 Cal.4th at p. 358 , fn. omitted.) The majority’s response today is that “the willfulness element of the offense may be negated by evidence that an involuntary condition—physical or mental,…

A registered sex offender must, within five working days of the offender's birthday, update his or her registration. (Pen.Code, § 290, subd. (a)(1)(D).) [1] Willful failure to update one's registration is a felony. (§ 290, subd. (g)(2).) In People v. Barker (2004) 34 Cal.4th 345 , 18 Cal. Rptr.3d 260 , 96 P.3d 507 ( Barker ), we held the willfulness element of the offense may not be negated by evidence the defendant "just forgot" to register. ( Id. at p. 358, 18 Cal.Rptr.3d 260 , 96 P.3d 507 .) We reserved judgment "as to whether forgetfulness resulting from, for example, an acute psychological condition, or a chronic deficit of memory or intelligence might negate the willfulness required for a section 290 violation." ( Id. at p. 358, 18 Cal.Rptr.3d 260 , 96 P.3d 507 .) This case presents the question whether forgetting to update one's registration because of severe depression may negate the section 290 willfulness requirement.

The Attorney General contends willful failure to update one's registration as a sex offender is a general intent crime, and, therefore, evidence that defendant forgot to update his registration due to depression was inadmissible under section…