Criminal Law Questions? Ask a Criminal Lawyer.
So, everywhere that your Grandson may live at this time (his mom's, your place) are all within 2,000 feet of a park or school where children may gather?
I didn't miss your questions -- I am looking into this for you -- I happened to come across some challenges to Jessica's law based upon the fact that it leaves persons (like your grandson) with no where to live at all. I will include that in my final answer. Please give me 15 minutes or so, and check back for an Answer.
Hello again. You are correct that Proposition 83 (Jessica's Law) does not specifically include the charge for which your grandson was convicted (Ca PC 261.5(c)). Proposition 83 specifically covers any offenses under PC 290 (c). However, there is a catch-all in Proposition 83 that your grandson probably fell under. A criminal defendant charged with a sex crime (any sex crime) that is not specifically listed in 290(c) may be required to register with local authorities under Jessica's law if the judge or the jury finds that the defendant committed the crime he / she was charged with "as a result of sexual compulsion or for purposes of sexual gratification". This determination is made at the time of sentencing by the Judge or the Jury. So, my bet is that the judge or jury who passed judgment and imposed the sentence made the determination that the intercourse your grandson had with the 14 year old was committed as a result of sexual compulsion or for purposes of sexual gratification (which I think is a bit ridiculous -- if he swore in court that he was madly in love with the 14 year old and did not know her true age, he might have been able to keep that particular determination from being made, possibly).
SO, the probation officer is correct -- in order to get out of registering pursuant to Prop 83 and to have the living area restrictions lifted from your grandson, he must file a state petition for writ of mandate in the superior court where he was initially convicted and challenge the determination made by the judge or jury that he committed this act "as a result of sexual compulsion or for purposes of sexual gratification". (the recent case of People v. Picklesimer, Mar 15, 2010, WL891304 sets out the procedure for challenging the classification of a person under prop 83). If that is not successful, then the CA Supreme Court has ruled that it may be unconstitutional to prohibit persons required to register under Prop 83 from living within 2,000 feet of schools, parks, etc. if that is the only place that they have to live (eg, the family lives in such a location) and applying the law would leave the person homeless.
Because Jessica's law / Prop 83 is so new, I am certain that prosecutors and judges are confused about the application of the language above to crimes other than those under 290 (c) and my bet is that the rulings at this point are all over the board, and he or you will have to hire a criminal attorney to bring this challenge on his behalf to the superior court where he was convicted. I know it may be a bit pricey to have an attorney do this for you -- but this will affect your grandson for the rest of his life, so the time to get the matters straightened out is now while the case is still fresh in the court system.
Please press the GREEN ACCEPT BUTTON so I will be paid for my time
A BONUS & FEEDBACK are always greatly appreciated
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).