Johnson v. Department of Justice

The Legislature has long demonstrated a strong resolve to protect children from sexually inappropriate conduct of all kinds, including sexual intercourse and oral copulation. Depending on the nature of the conduct and the ages of the offender and the minor victim, conviction of a sexual contact crime may subject the offender to incarceration, civil penalties, and other consequences. One of the significant consequences includes application of the Sex Offender Registration Act (Pen. Code, § 290 et seq.), 1 which was enacted to prevent recidivism of sex offenders and facilitate their surveillance by police. As relevant here, the act allows for discretionary sex offender registration for those convicted of unlawful sexual intercourse with a minor (§§ 261.5, 290.006), but imposes mandatory registration for those convicted of crimes involving other types of sexual activity with a minor (§ 290, subds. (b), (c)).

This court previously addressed this statutory disparity in People v. Hofsheier (2006) 37 Cal.4th 1185 [ 39 Cal.Rptr.3d 821 , 129 P.3d 29 ] (Hofsheier). Hofsheier interpreted the federal and state equal protection clauses as invalidating mandatory sex offender…

Filed 1/29/

IN THE SUPREME COURT OF CALIFORNIA

JAMES RICHARD JOHNSON, )

) Plaintiff and Appellant, ) ) S209167 v. ) ) Ct.App. 4/2 E055194

DEPARTMENT OF JUSTICE )

) San Bernardino County Defendant and Respondent; ) Super. Ct. No. CIVDS 1105422 )

THE PEOPLE, )

) Real Party in Interest ) and Respondent. ) ____________________________________)

The Legislature has long demonstrated a strong resolve to protect children from sexually inappropriate conduct of all kinds, including sexual intercourse and oral copulation. Depending on the nature of the conduct and the ages of the offender and the minor victim, conviction of a sexual contact crime may subject the offender to incarceration, civil penalties, and other consequences. One of the significant consequences includes application of the Sex Offender Registration Act (Pen. Code, § 290 et seq.),1 which was enacted to prevent recidivism of sex offenders and facilitate their surveillance by police. As relevant here, the act

Unless otherwise…

Dissenting. — Because the majority, as I explain, unnecessarily overrules this court’s precedent in People v. Hofsheier (2006) 37 Cal.4th 1185 [ 39 Cal.Rptr.3d 821 , 129 P.3d 29 ] (Hofsheier), I respectfully dissent.

Petitioner, convicted of oral copulation with a person under 16 years of age (Pen. Code, § 288a, subd. (b)(2)),* 1 claims he has been denied equal protection of the law because his oral copulation conviction subjects him to mandatory registration as a sex offender under section 290. Had he instead had sexual intercourse with the victim, petitioner contends, he would have committed a violation of section 261.5, subdivision (d) (unlawful sexual intercourse with person under 16 by person 21 or older), an offense not subject to mandatory registration under section 290. (See Hofsheier, supra, 37 Cal.4th at pp. 1192-1193 [finding an equal protection violation as to a defendant convicted of oral copulation with a 16 year old].)

We granted review to decide whether Hofsheier’s holding applies to defendant, who the record indicates was 27 years old at the time of his offense and thus potentially subject to prosecution under section 288, subdivision (c)(1), a mandatory…