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PC 186.33 Fail to register as a gang Offender; Penalties

PC 186.33 Fail to register as a gang Offender; Penalties

(a) Any person required to register pursuant to Section 186.30 who knowingly violates any of its provisions is guilty of a misdemeanor.

(b)(1) Any person who knowingly fails to register pursuant to Section 186.30 and is subsequently sustained for a violation of, any of the offenses specified in Section 186.30, shall be punished by an additional term of imprisonment in the State Prison for 16 months, or 2 or 3 years.  The court shall order imposition of the middle term unless there are circumstances in aggravation or mitigation.  The court shall state its reasons for the enhancement choice on the record at the time of sentencing.

(2) The existence of any fact bringing a person under this subdivision shall be alleged in the information, indictment, or petition, and be either admitted by the defendant or minor in open court, or found to be true or not true by the trier of fact.

Can I go to prison for failing to register as a gang offender?

Yes, under the provisions of PC 186.33(b)(1) you may be sentenced to prison for failing to register as a gang offender.  However, under provisions of PC 186.33(a) the maximum sentence is 180 days in county jail.

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