People v. Noriega

Opinion

MOORE, J.

Does Penal Code1 section 290’s sex offender registration requirement constitute cruel and unusual punishment when applied to a conviction for misdemeanor indecent exposure? (§ 314, subd. 1.) The California Supreme Court recently addressed this issue with regard to a similar misdemeanor provision, possession of child pornography, pursuant to section 311.11. (In re Alva (2004) 33 Cal.4th 254 [14 Cal.Rptr.3d 811, 92 P.3d 311] (Alva).) In Alva, the court concluded, “[Mandatory sex offender registration, as provided by section 290, is not ‘punishment’ for purposes of either the…