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F 4.70 n1 Limitation Of Action/Ex Post Facto: Extension Of Statute For Continuing Sex Offenses.
Wright v. Superior Court (97) 15 C4th 521 [63 CR2d 322] held that PC 290(f) was intended to describe a continuing affirmative duty to register on the part of the sex offender and, therefore, the failure to comply with interim registration requirements is a continuing offense and felony prosecution is not precluded by ex post facto or statute of limitation (PC 800/PC 801) principles. In so doing, the Supreme Court formulated the following definition of a continuing offense: “Ordinarily, a continuing offense is marked by continuing duty in the defendant to do an act which he fails to do. The offense continues so long as the duty persists and there is a failure to perform that duty.” [Citations.] (Wright v. Superior Court, 15 C4th at 525-26.)
F 4.70 n2 Unlawful Sale Of Securities: Tolling Of Statute Of Limitations Based On Lack Of Discovery.
[See FORECITE F 18.25 n3.]
F 4.70 n3 Ex Post Facto: Statute Of Limitations. [Reserved.]