PEOPLE v. BARKER

No. S115438.

18 Cal.Rptr.3d 260 (2004)

34 Cal.4th 345

96 P.3d 507

The PEOPLE, Plaintiff and Respondent, v. Donald BARKER, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied September 29, 2004.


Attorney(s) appearing for the Case

Richard Such, San Francisco, under appointment by the Supreme Court, for Defendant and Appellant.

Jack Funk, Assistant Public Defender, for California Public Defenders Association as Amicus Curiae on behalf of Defendant and Appellant.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Gerald A. Engler and Mary Jo Graves, Assistant Attorneys General, René A. Chacón, Laurence K. Sullivan, Ronald E. Niver, Stan Cross and Janet E. Neeley, Deputy Attorneys General, for Plaintiff and Respondent.


BROWN, J.

A registered sex offender must, within five working days of the offender's birthday, update his or her registration. (Pen. Code, § 290, subd. (a)(1)(D).)1 Willful failure to update one's registration is a felony. (§ 290, subd. (g)(2), hereafter section 290(g)(2).) The question presented by this case is whether the willfulness element of the offense may be negated by just forgetting to register. We conclude...

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