Individuals convicted of Tier 2 offenses are typically required to register as sex offenders for a minimum of 20 years .
Specifically, this often refers to instances where a victim is deemed incapable of giving legal consent. This can be due to a mental disorder, developmental disability, or physical disability that is known (or should be known) to the perpetrator. 261ARA-286
The designation combines two significant sections of the California Penal Code : Individuals convicted of Tier 2 offenses are typically
Challenging the credibility of the evidence or testimony provided by the accuser. California Code, Penal Code - PEN § 286 - Codes - FindLaw The designation combines two significant sections of the
Tier 2 status is applied when the victim is at least 18 but incapable of consent due to disability (PC 261/286), or if the act involved a minor under 14 years of age where the defendant is at least 10 years older. Criminal Penalties and Sentencing
According to legal experts at Wallin & Klarich , common defense strategies for these charges include:
Arguing that the physical contact required for the legal definition of the crime did not occur. Consent: Proving the act was consensual between two adults.