People v. Valle CA4/1

DISCUSSION

The Penal Code allows for the imposition of a lifetime registration requirement on

sex offenders. (§ 290 et seq.) The registration requirement is mandatory for a defendant

convicted of a statutorily specified sex offense (§ 290, subd. (c)), and is discretionary for

3 a defendant convicted of any other offense. (§ 290.006.) Section 290.006 allows a court

to impose the discretionary registration requirement if (1) the court finds that the

defendant "committed the offense as a result of sexual compulsion or for purposes of

sexual gratification," and (2) the court states on the record reasons for its findings and for

requiring sex offender registration. Accordingly, as long as the trial court follows this

two-step process and is able to articulate reasons for finding that a crime was committed

as a result of sexual compulsion or for sexual gratification and reasons why registration

is, in the court's view, required, a defendant may be subject to lifetime sex offender

registration. (People v. Hofsheier (2006) 37 Cal.4th 1185, 1197-1198 (Hofsheier).)

In making a discretionary determination, a trial court is permitted to consider all

relevant information…