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California Penal Code section 289.5 – Flight from State to Avoid Prosecution or Confinement for Crime Which Would Require Registration as Sex Offender on Conviction

Item: Kraut Law Group Criminal & DUI Lawyers, Inc.
Rating: 5
Author: Jim Highfill

Any person who comes to California attempting to avoid prosecution, custody, or confinement for a sex offense in another state faces the possibility of extradition or a separate criminal charge.

Specifically, it is illegal to come to California with the intent to avoid prosecution or imprisonment for an offense committed in another state that if committed in California that would result in sex offender registration upon conviction. California Penal Code section 289.5 provides that such conduct is punishable as a misdemeanor punishable by up to 180 days in the county jail. California Penal Code section 289.5 also provides that if the person who flees to California to avoid prosecution or confinement for a sex offense committed in another state commits a felony sex offense in California, that person will be punished by an additional term of two years of imprisonment.

California Penal Code section 289.5(a) and (b) – Elements

To be found guilty of Penal Code section 289.5(a) or (b), the prosecution will have to prove beyond a reasonable doubt that:

The defendant committed a sex offense in another state.
The defendant entered California with the intent to avoid prosecution, custody, or confinement for an offense in another state, which if committed in California, would result in sex offender registration.

California Penal Code section 289.5(a), provides that:

“Every person who flees this state with the intent to avoid prosecution for an offense which, if committed or attempted in the state, would have been punishable as one or more of the offenses described in subdivision (c) of Section 290, and who has been charged with that offense under the laws of the jurisdiction from which the person fled, is guilty of a misdemeanor.”

California Penal Code section 289.5(b), provides that:

“Every person who flees to this state with the intent to avoid custody or confinement imposed for conviction of an offense under the laws of the jurisdiction from which the person fled, which offense, if committed or attempted in this state, would have been punishable as one or more of the offenses described in subdivision (c) of Section 290, is guilty of a misdemeanor.

California Penal Code section 289.5(c) – A Person Will Only Be Prosecuted Under This Section If Other State Refuses to Extradite

California Penal Code section 289.5(c) provides that prosecution under this section can only occur if the state from which the person fled refuses to extradite. If the other state chooses to extradite, the person will be sent back to that state pursuant to the extradition process.

California Penal Code section 289.5(d) – Felony Offenses

California Penal Code section 289.5(d) provides that:

“Any person who is convicted of any felony sex offense described in subdivision (c) of Section 290, that is committed after fleeing to this state under the circumstances described in subdivision (a) or (b) of this section, shall, in addition and consecution to the punishment for the conviction, receive an additional term of two years’ imprisonment.

If you or a family member has been detained in Los Angeles, Orange County, Riverside County, San Bernardino County, or Ventura County, or anywhere in Southern California and is facing extradition from California to another state for a sex crime, or any offense, or is facing additional criminal charges in California, it is imperative that you hire the best attorney that you can. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Attorney Michael Kraut knows how to effectively defend clients facing extradition and any misdemeanor or felony charges in California.

For more information about extradition, California Penal Code section 289.5, or any other type of felony or misdemeanor, and to schedule your free consultation, contact attorney Michael Kraut at the Kraut Law Group Criminal & DUI Lawyers, Inc. located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at (323) 464-6453.

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