In Re Derrick B.

Here we conclude that a juvenile offender may not be ordered to register as a sex offender under Penal Code section 290 if his offenses are not among those listed in subdivision (d)(3).

I. Factual and Procedural Background

At the age of 17 Derrick B. was committed to the California Youth Authority. The commitment followed four years of juvenile court intervention beginning when Derrick was accused of lewd and lascivious acts with a child under 14. (§ 288, subd. (a).) Derrick was then 13 years old and living with the family of a 10-year-old girl. While she slept, he reached under her clothes and touched her chest, buttocks, and vagina. Pursuant to an agreement, Derrick was declared a ward of the court for having committed the lesser offense of sexual battery (§ 243.4). He was ordered to live in a group home and attend sex offender treatment, as conditions of probation.

Derrick failed in several group home placements. During the course of his wardship he admitted to counselors that he had sexually assaulted a number of victims. He also reported his own sexual victimization at the hands of his parents’ friends.

In 2002, Derrick was found to have committed a misdemeanor…