The designation combines two significant sections of the California Penal Code :

In the context of the California registry system, these specific offenses are often classified as crimes.

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

This section defines sodomy as sexual contact between the penis of one person and the anus of another, noting that even slight penetration constitutes the act. Under California Penal Code 286 , the act becomes criminal when it is non-consensual, performed on a minor, or involves a victim incapable of consent. Tier 2 Registration Requirements