Opinion No. (2006)

BILL LOCKYER Attorney General MARC J. NOLAN Deputy Attorney General THE HONORABLE NICOLE M. PARRA, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following question: Does the prohibition against the unauthorized use of registered sex offender identifying information obtained from the California "Megan's Law" Web site qualify registered sex offenders as a "protected class" for purposes of housing discrimination under the Fair Employment and Housing Act? CONCLUSION The prohibition against the unauthorized use of registered sex offender identifying information obtained from the California "Megan's Law" Web site does not in itself qualify registered sex offenders as a "protected class" for purposes of housing discrimination under the Fair Employment and Housing Act. ANALYSIS Under California's version of "Megan's Law," 1 a person who has been convicted of one or more specified sex offenses but is no longer incarcerated must register as a sex offender with the appropriate law enforcement agency where he or she resides. (Pen. Code, §§ 290 , 290.4 ; 83 Ops.Cal.Atty.Gen. 143 , 144-145 (2000); 82 Ops.Cal.Atty.Gen., supra, at p. 21.) 2 The uncodified preamble to…