Proposition 47, passed by California voters on November 4, 2014, changed a number of specific offenses from a felony to a misdemeanor.  In order to qualify to have a prior conviction reduced to a misdemeanor under Proposition 47, the accused must not have a “disqualifying” prior conviction.

Disqualifying prior convictions include the following:

Any offense which requires sex offender registration under Penal Code section 290(c).  This appears to limit the list of crimes to offense in which sex offender registration is mandatory as opposed to optional.  It does not include foreign convictions.  In addition, a person who has been convicted of a crime that does not require registration, but was nonetheless order to do so by a court exercising its discretionary authority under Penal Code section 290.006 is eligible to apply for the reduction.

Disqualifying Sex Offenses :

Offenses that require sex offender registration under Penal Code section 290(c) includes the following offenses:

Murder (Penal Code section 187) during the commission or attempted commission of rape or any act punishable under Penal Code sections 286 (sodomy), 288 (child molest), 288a (oral copulation), or 289 (sexual penetration);

Kidnapping (Penal Code section 207) or Kidnapping with the intent to commit any of the following offenses (Penal Code section 209) – Rape (Penal Code section 261), Sodomy (Penal Code section 286), Child Molest (Penal Code section 288), Oral Copulation (Penal Code section 288a), or Sexual Penetration (Penal Code section 289);

Assault with intent to commit a sex crime (Penal Code section 220);

Sexual Battery (Penal Code section 243.4);

Rape (Penal Code section 261(a)(1), (2), (3), (4), or (6));

Marital Rape involving use of force or violence for which the person is sentenced to state prison (Penal Code section 262(a)(1));

Rape in Concert (Penal Code section 264.1);

Recruiting a minor into prostitution (Penal Code section 266);

Sex due to consent induced by fear (Penal Code section 266c);

Pimping a minor (Penal Code section 266h(b));

Pandering a minor (Penal Code section 266i(b));

Abduction of minor for prostitution (Penal Code section 267);

Aggravated sexual assault upon a child (Penal Code section 269);

Incest (Penal Code section 285);

Sodomy (Penal Code section 286);

Child Molest (Penal Code section 288);

Oral Copulation (Penal Code section 288a)

Communicating with a minor with unlawful sexual intent (Penal Code section 288.3);

Arranging to meet with a minor for purpose of engaging in lewd conduct (Penal Code section 288.4);

Resident Child Molestation (Penal Code section 288.5);

Sex with a child under 10 years of age (Penal Code section 288.7)

Sexual Penetration (Penal Code section 289);

Child Porn (Penal Code sections 311.1, 311.2(b)(c) or (d), 311.3, 411.4, 311.10, or 311.11);

Annoying or molesting a child (Penal Code section 647.6 [or former Penal Code section 647a]);

Soliciting forcible sex offenses (Penal Code section 653f(c));

Indecent exposure (Penal Code section 314(1) or (2));

Any offense involving lewd or lascivious conduct under Penal Code section 272 (contributing to the delinquency of a minor); or

Felony Bigamy (Penal Code section 288.2).

Disqualifying “violent” offenses :

Violent offenses are defined in Penal Code section 667(e)(2)(C)(iv).  These offense include the following:

Rape by force, violence or threats (Penal Code section 261(a)(2) and (6));

Spousal rape by force, violence or threats (Penal Code section 262(a)(2) and (4));

Rape in concert by force, violence or threats (Penal Code section 264.1(a));

Aggravated sexual assault of a child by force, violence or threats (Penal Code section 269));

Sodomy by force, violence or threats (Penal Code section 286(b)(2) and (3));

Sodomy with a child who is under 14 years of age and more than 10 years younger than the defendant (Penal Code section 286);

Lewd or lascivious acts involving a child under 14 years of age (Penal Code section 288);

Child molest by force, violence or threats (Penal Code section 288(b));

Oral copulation by force, violence or threats (Penal Code section 288a(c)(2) and (3));

Oral copulation with a child who is under 14 years of age, and who is more than 10 years younger than the defendant (Penal Code section 288a(c)(1));

Continuous sexual abuse of a minor by force, violence or threats (Penal Code section 288.5);

Sexual penetration by force, violence or threats (Penal Code section 289(a)(1) and (2));

Sexual penetration of a child who is under 14 years of age, and who is more than 10 years younger than the defendant (Penal Code section 289(a)(1)(C));

Kidnapping with the intent to commit rape, sodomy, child molest, oral copulation, or sexual penetration (Penal Code section 207 or 209);

Assault with intent to commit rape, sodomy, child molest, oral copulation, or sexual penetration (Penal Code section 220);

Any homicide or attempted homicide offense (Penal Code sections 187 to 191.5, inclusive);

Solicitation to commit murder (Penal Code section 653f);

Assault with a machine gun on a peace officer or firefighter (Penal Code section 11418(a)(1));

Any serious and/or violent felony offense punishable in California by life imprisonment or death.

If you believe you have a qualifying felony conviction that can be reduced to a misdemeanor, contact your attorney, the local public defender’s office, or your local legal services office for assistance.

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