California has some of the toughest laws for sex offenders in the country. In this case, the city of Irvine attempted to limit the travel of those convicted of certain sex crimes, the Courts shot them down. The defendant was charged with a criminal statute at the municipal level.
The prosecutor appealed from a judgment sustaining a demurrer to a misdemeanor complaint charging the accused with violation of a City of Irvine ordinance prohibiting registered sex offenders from entering city parks without written permission from the city’s police chief. The trial court concluded that state law preempted prosecution under a local ordinance because the Legislature has enacted a comprehensive statutory scheme regulating the daily lives of sex offenders. The appellate court agreed and affirmed. The state statutory scheme imposing restrictions on a sex offender’s daily life fully occupies the field and preempts the City of Irvine’s effort to restrict sex offenders from city parks and recreational facilities. (CCAP)
This case exemplifies the lengths cities will go to be tough on sex offenders requires to register in California. This case will provide some guidance to them when enacting criminal statutes that relate to sex offenses.