CA Penal Code 457.1 PC - Arson Registration Requirement
If you've been convicted of arson or attempted arson and stay in California after release, you must register your address with local law enforcement as a convicted arsonist, according to Penal Code 457.1 PC.
Failing to comply may lead to probation revocation (if applicable), as well as additional charges and jail time.
Under Penal Code 457.1 PC, a conviction for arson or attempted arson in California requires registration with either the local police department or the sheriff's office if you reside in an unincorporated area.
You are required to report to the local law enforcement agency within 14 days of arriving in any city or county where you intend to live, work, or go to school.
This process involves submitting a signed written statement, providing fingerprints, and providing a photograph.
What Does PC 457.1 Say?
PC 457.1 says, "(a) As used in this section, 'arson' means a violation of Section 451, 451.5, or 453, and attempted arson, which includes, but is not limited to, a violation of Section 455.
(b)(1) Every person described in paragraphs (2), (3), and (4), for the periods specified therein, shall, while residing in, or if the person has no residence, while located in California, be required to, within 14 days of coming into or changing the person's residence or location within any city, county, city, and county, or campus wherein the person temporarily resides, or if the person has no residence, is located:
(A) Register with the police chief of the city where the person resides or, if the person has no residence, where the person is located.
(B) Register with the county sheriff where the person resides or, if the person does not reside, where the person is in an unincorporated area or city with no police department.
(C) In addition to (A) or (B) above, register with the chief of police of a campus of the University of California, the California State University, or community college where the person is residing, or if the person has no residence, where the person is located upon the campus or any of its facilities."
What Is the Process for Arson Registration?
Registration must be completed immediately upon release from incarceration, or, if not incarcerated, right after sentencing.
If you move, you are required to notify local law enforcement in writing within ten days of your change of address, and you must register with your new local law enforcement agency within 14 days of relocating.
Arson offenders are required to register with the police chief in their city of residence or temporary location. If they lack a permanent residence, registration must be made where they are currently located.
If there is no city police department or if you live in an unincorporated area, offenders are required to register with the county sheriff.
For individuals residing or present on the campuses of the University of California, California State University, or a community college, registration must be completed with the campus police chief.
Anyone who committed or attempted arson, and who has been adjudicated as a juvenile ward and then discharged or paroled from the Division of Juvenile Justice, must register until they turn 25 or their records are sealed under Section 781 of the Welfare and Institutions Code, whichever occurs first.
How Long Do You Need to keep registering?
PC 457.1 outlines three scenarios to determine the duration of your registration as a convicted arsonist.
- Juvenile Offenders: For those who committed or attempted arson and were adjudicated as wards of the juvenile court on or after January 1, 1993, registration must continue until they turn 25 or their records are sealed, whichever comes first.
- Date of Conviction: Offenses Committed Between 1985 and 1994: Individuals convicted of arson or attempted arson from January 1, 1985, to November 29, 1994, must register for five years. However, this law is now largely obsolete, as anyone convicted of arson during that period would no longer need to register.
- All Other Offenses: People convicted of arson or attempted arson on or after November 30, 1994, are required to register for life.
Failure to comply with the registration requirement is a misdemeanor offense. Anyone who intentionally breaches these rules may be sentenced to at least 90 days and up to one year in county jail.
Additionally, failing to register on time can result in the revocation of parole or probation by the Division of Juvenile Justice or the court.
Advice for Arson Compliance
If you are accused of arson in California, consulting a skilled California criminal defense attorney is your best chance to avoid conviction and, potentially, mandatory registration.
However, following these steps can help you prevent additional penalties for failure to register if convicted:
- Prompt Registration and Accuracy: Register on time to avoid legal issues and notify authorities promptly of changes. Provide accurate info, including signed statements, fingerprints, and photos. On probation, follow registration instructions and inform your probation officer of your new address.
- Update Address Information: If your residence address changes, notify the law enforcement agency where you last registered within ten days. They will then pass the updated details to the Department of Justice.
- Keep All Documentation: It is helpful to keep copies of all registration-related documents, such as proof of submission and correspondence with law enforcement. These can serve as evidence of compliance and may help resolve disputes or misunderstandings.
What Is the Meaning of Being a Registered Arson Offender?
Being a registered arson offender requires your name to be listed with local authorities, and you must report any address changes within ten days.
This responsibility lasts at least five years but is generally not lifelong. It applies to anyone convicted of:
- Intentionally setting property on fire,
- Committing arson with the intent to cause bodily injury,
- Arson involving an occupied property structure,
- Arson involving a building or forest land,
- Attempted arson,
- Having a device used for arson and
- Owning or creating a firebomb.
If you are in custody for an arson offense, the California Department of Corrections is required to provide written notice of your upcoming release.
This notice is sent to the fire marshal, police departments, and the sheriff of the county where you were convicted. For more details, contact our law firm, Cron, Israels & Stark, which has offices in Los Angeles, CA.
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