Davis

Defendant was required to register as a sex offender under California law. He did so. Later he changed residences, first within California and later out of state, without registering any of his new addresses. Defendant was charged with violation of his duty to properly register as a sex offender under both federal law ( 18 U.S.C. § 2250 ) and state law (Pen. Code, former § 290, subd. (f)(1)(A), now § 290.013).

In this case, we consider whether, under California double jeopardy principles, defendant’s prosecution in federal court for failing to register as a sex offender after traveling in interstate commerce bars subsequent prosecution in state court for failing to register his new California address as a sex offender before he moved out of state. We conclude that defendant’s prosecution in state court did not violate California double jeopardy prohibitions because the state and federal prosecutions punished separate acts of failing to register and because the conduct at issue in the state court action occurred before defendant traveled in interstate commerce and before the effective date of the federal statute.

*433 Brief Statement of the Case

Defendant Christopher…