Yohner

I.

INTRODUCTION

Terrence Lee Yohner filed this action in an attempt to prevent the California Department of Justice (the Department) from listing his name and information concerning a sexual offense that he committed, on its Megan’s Law Internet Web site. Yohner suffered a conviction for committing a lewd act on his stepgranddaughter in violation of Penal Code section 288, subdivision (a). Section 290.46 mandates that the Department post information concerning sex offenders and their crimes on an Internet Web site. Section 290.46, subdivision (e)(2)(D)(i) provides that, when specified criteria are met, a “victim’s parent, stepparent, sibling, or grandparent” may apply for and receive an exclusion from the Web site. Yohner filed an application for exclusion from the Department’s Web site. The Department denied his application, reasoning that because Yohner was the victim’s stepgrandparent, rather than her grandparent, he was not eligible for the exclusion. Yohner then filed a petition for writ of mandate in the trial court in which he requested that the trial court direct the Department to exclude him from the Web site. The trial court denied the petition.

On appeal,…