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: Southern California Criminal Defense Blog

APPELLATE COURT AFFIRMS MANDATORY SEX OFFENDER REGISTRATION FOR INDECENT EXPOSURE, NONMANDATORY REGISTRATION FOR LEWD CONDUCT DOES NOT VIOLATE EQUAL PROTECTION ? CALIFORNIA PENAL CODE SECTION 290, PENAL CODE SECTION 314(1), PENAL CODE SECTION 647(A)

By Walin & Klarich

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On June 29, 2010, the California Court of Appeal, Fourth District, decided People v. Honan, which ruled that mandatory sex offender registration for those convicted of indecent exposure but discretionary registration for those convicted of lewd conduct did not violate equal protection. On February 17, 2008, defendant Donald Honan and Jose Martinez-Gutierrez were at a sauna in a gym. Martinez-Gutierrez testified that while looking at Honan, Honan smiled and stroked his own erect penis, which he had released from his shorts. Martinez-Gutierrez testified that he was uncomfortable, left the sauna, but later returned. According to Martinez-Gutierrez, Honan was still there and he resumed exposing himself and stroking his penis. Honan was arrested, charged, and convicted of lewd conduct (California Penal Code section 647(a)) and indecent exposure (California Penal Code section 314(1))...continue to full post

Full post as published by Southern California Criminal Defense Blog on July 08, 2010 (boomark / email).