People v. Hass CA4/1

DISCUSSION

The lifetime sex offender registration requirement imposed under section 290 is

mandatory for a defendant convicted of a statutorily-specified sex offense (§ 290, subd.

(c)), and discretionary for a defendant convicted of any other offense if the court finds the

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

sexual gratification" (§ 290.006). Section 3003.5 imposes residency restrictions on sex

offender registrants, stating: "Notwithstanding any other provision of law, it is unlawful

for any person for whom registration is required pursuant to Section 290, to reside within

2000 feet of any public or private school, or park where children regularly gather."

(§ 3003.5, subd. (b).)

In his original appeal, Hass argued that because the trial court made the sexual-

compulsion findings needed to support imposition of the discretionary sex offender

registration requirement, his Apprendi jury trial rights were violated. Under the Apprendi

rule, unless an exception applies, a jury must make (or a defendant must admit) all factual

findings that " 'increase[] the penalty for a crime beyond the prescribed statutory

maximum…