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In California, you commit a sex crime when you engage in sexual acts with another person without their consent. This can be achieved through coercion, threats, fear, and force. The offense is done for arousal, sexual pleasure, or just to bother your victim.
A conviction could have you face various consequences and penalties depending on the specific sex crime you commit. You could also be required to register as a sex offender.
Seeking an experienced attorney who has helped defendants accused of having committed a sex crime in San Diego is crucial. They will help fight the sex crime charges against you and achieve a positive outcome. At the Law Offices of Anna R. Yum, we are ready to help you build solid defenses that will help lower or dismiss the sex crime charges against you.
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Under Penal Code 288 PC, a lewd act with a child is defined as any inappropriate touching of a minor under 14 or between 14 and 15 by a person who is 10 years older than the child for sexual purposes. This offense is often referred to as child molestation.
Elements that a prosecutor must prove without a reasonable doubt to be convicted include the following:
Violation of Penal Code 288 is a felony. The exact penalties depend on various factors, such as the child’s age, whether the act involved force, violence, or threats, your criminal history, and if there was a pattern of lewd acts.
The penalties include the following:
Upon conviction, you could be sentenced to serve 3, 6, or 8 years in prison and fines of up to $10,000. You could also be eligible to serve felony probation and one year in jail instead of serving time in prison. However, this will depend on the specific circumstances of your case.
Possible penalties include 5, 8, or 10 years in prison and fines of up to $10,000.
Possible penalties include the following:
You are guilty of Penal Code 288(c)(1) violation if you commit lewd acts on a minor who is between 14 and 15 years old. Upon conviction, you could face up to one year in jail if charged with a misdemeanor, or up to 16 months, 2 or 3 years in prison if charged with a felony, or felony probation, which can include serving one year in jail as part of the consequences.
Common defenses to Penal Code 288 include the following:
You win the case if the contact between you and the minor was unintentional and if you only accidentally touched them.
The court cannot sentence you if the allegations against you are false and the alleged victim has a hidden agenda for having filed a lawsuit against you for reasons such as jealousy, revenge, or for them to win a custody case.
You are only guilty of violating Penal Code 288 if you performed lewd and lascivious acts on a minor under 14 and had a reasonable belief that the alleged victim was of legal age. Your lawyer could help you fight the PC 288 violation charges against you.
Your lawyer could identify loopholes in the prosecution’s evidence. Your attorney could question the reliability of the evidence, the credibility of the key witness statements, and the circumstances under which the forensic analysis was undertaken. This could raise doubt about the reliability of the prosecution’s case against you.
In California, forced oral copulation is defined as non-consensual contact between one person’s mouth and another’s genitals or anus. The illegality of this act arises when it is achieved through duress, violence, menace, force, threat, or fear or if the victim is incapacitated through intoxication, unconsciousness, or other inability to consent legally
The following elements must be present to establish a case of forced oral copulation:
Upon conviction for violating Penal Code 287, you could be sentenced to serve up to 3, 6, or 8 years in prison. The penalties also include paying a fine of up to $10,000.
If your victim was a child under 18, you could be sentenced to serve up to 6, 8, or 10 years in prison if your victim was 14 years of age or older at the time of the sensual act or 8, 10, or 12 years in prison if your victim was under 14.
A conviction requires lifelong registration as a Tier 3 sex offender, and failure to register every year could lead to additional felony charges.
Legal defenses that your lawyer could use to fight PC 287 accusations against you include the following:
You could argue that you are a victim of false accusations. As with many sex crimes, false accusations are rampant. The alleged victim could accuse you due to jealousy, revenge, or to win a child custody dispute. If you can establish that you did not perform oral copulation on them, then you could have your case dismissed.
In the chaos of a sexual abuse encounter, one could miss out on the specific details of their abuser making an innocent mistake while describing what the perpetrator looked like to the police. Often, you could be a victim of mistaken identity.
This is mainly because you could have similar appearances to the perpetrator. Your lawyer can help you prove your innocence by providing evidence such as CCTV footage and an alibi to provide information about your whereabouts when the crime was committed.
You are only guilty of violating Penal Code 287 if the sensual act between you and the alleged victim was non-consensual. If you can prove that the victim consented to oral sex, then the case could be dismissed. You can prove this through text messages and videos whereby the victim agreed for you to perform oral sex on them.
However, you must note that this applies if the alleged victim is above 18. You could still be convicted for performing oral sex on a minor even if they had given their consent.
Unlike rape, oral copulation does not produce any physical evidence, and therefore, the prosecution may not have hard evidence to prove that you committed the crime. They only have the alleged victim’s statement.
Your lawyer could use a private polygraph test to convince the prosecution that the accusations are flimsy.
Your lawyer could argue that the evidence gathered against you was obtained through illegal search and seizure. Under California Law, evidence gained in this way is inadmissible in court. This could lead to the ultimate dismissal of your case.
Indecent exposure, as outlined in Penal Code 314 PC, involves willfully exposing one’s naked body or genitals in a public place, particularly in situations where it offends or annoys others
Some of the elements that a prosecutor must prove beyond a reasonable doubt for you to be accused of PC 314 violation include the following:
If you are a first-time offender, you could be convicted to serve six months in jail and fines of up to $1000 and to register as a sex offender for a minimum of 10 years.
If you expose your naked body or genitals in an inhabited house without permission, you could be sentenced to serve one year in jail and a $1000 fine. If charged as a misdemeanor.
However, if charged with committing a felony upon conviction, you could be sentenced to serve up to 16 months, 2 or 3 years in prison, and fines of up to $10000. You will also be expected to register as a sex offender for a minimum of 10 years.
If you are a second-time or subsequent offender and have been convicted for indecent exposure, or you are a first-time offender for indecent exposure but have a prior conviction for engaging in lewd acts with a minor, you will be charged with a felony and may face 16 months, 2 or 3 years in prison, and fines of up to $10,000.
You will also be eligible for a 10-year duty to register as a sex offender.
Defending against indecent exposure charges may involve:
Your attorney could argue that your actions do not meet the legal criteria for indecent exposure under Penal Code 314. Your lawyer could argue that there was no one in the vicinity for you to offend, that your sexual organs were partially clothed, or that you did not knowingly expose your body for sexual gratification.
You could argue that you are a victim of false allegations. Most of the time, in cases involving sex crimes, the plaintiff could have an agenda for accusing you due to jealousy, revenge, or anger.
Your lawyer could help prove your innocence through text messages between you and the accuser, CCTV footage, or videos that can show that you did not willfully expose yourself.
You could fight PC 314 charges by proving that the victim mistakenly identified you as the perpetrator. Your lawyer could help you present a convincing Albi to prove that you did not expose yourself indecently.
Rape, as defined by Penal Code 261 PC, involves non-consensual sexual intercourse with another person accomplished through threats, fraud, and force. Rape is a felony in California.
The elements of rape include the following:
In California, if you are arrested for having committed rape, you will face felony charges, and the consequences can be detrimental to your life. The punishment you will receive upon conviction depends upon the circumstances under which you committed the crime, your criminal history, and your victim’s age.
The number of years you are required to register as a sex offender for violating Penal Code 261 could vary depending on the age of the victim and the circumstances of your case.
You could be sentenced to serve probation time instead of or in addition to imprisonment if there were no aggravating factors when you were committing the offense. If there was no use of violence or force or the victim did not sustain great bodily injury, you could serve probation instead of prison time.
Non-U.S. citizens convicted of rape could be deported as part of the consequences after a guilty verdict.
Felons in California are not allowed to possess or purchase firearms, which means if you are convicted of rape, you could lose your gun rights.
Penalties upon conviction for having committed rape can be severe. Therefore, you want to build solid defenses that could help you reduce or dismiss your sentence.
You want to seek the services of a well-experienced defense attorney who will help with the rape accusations against you. Some of the common defenses that your lawyer could employ include the following:
You are only guilty of rape if you engage in non-consensual sexual intercourse with the alleged victim. However, if the plaintiff consented, then your case could be dismissed.
Your lawyer could help you prove that the act was consensual by providing evidence such as text messages between you and the victim, videos, and CCTV footage.
A Penal Code 261 conviction can only apply if you inserted your penis into the vagina of the alleged victim. You could argue that even though you had some interactions, such as making out with the alleged victim, you did not reach the level of having sexual intercourse.
False allegations are a common scenario in sex crime cases. Your accuser could lie out of anger, jealousy, or revenge due to a misunderstanding and in pursuit of vengeance.
Your lawyer could help you prove your innocence by demonstrating that the accusations are false. Your attorney could present evidence through voicemail text messages to show that the plaintiff intended for you to experience trouble.
Your lawyer could also question the credibility of the witnesses’ statements in court by cross-examining them.
Penal Code 647 b criminalizes the act of willingly participating in any sexual act in exchange for money or other compensation.
The prosecution must prove the following elements beyond a reasonable doubt before the court for the judge to give a guilty verdict:
If you face accusations of violating PC 647 b, the prosecution could charge you with committing a misdemeanor offense. If you are a first-time offender, you could face possible penalties of a maximum of 6 months in jail and fines of up to $1000.
For a second-time offender, you could serve a minimum sentence of 45 days and a minimum of 90 days in jail if you are a third-time offender. Your driver’s license could also be suspended for a minimum of 30 days if you engaged in sexual acts in an automobile and were within 1000 feet of your home.
Sensual Worker Diversion Program: If you are facing charges of prostitution in California, you could be eligible to undertake the diversion programs, which provide education, support, and counseling instead of serving time in jail.
Some of the solid defenses that your lawyer could employ so as to have your case dismissed or your charges reduced include the following:
Your attorney could argue that you were enticed to commit prostitution by law enforcers. This occurs in an undercover sting where the police employ an overbearing act or conduct upon you that tricks you into engaging in sexual acts for money or other compensation that you did not intend to commit.
The prosecution must prove beyond reasonable doubt that you engaged in prostitution; however, if they lack some evidence, it could create a loophole in the prosecutor’s case. Insufficient evidence includes the absence of evidence showing you agreed to engage in sexual acts in exchange for money and the lack of proof that the sensual act occurred.
Your attorney could use this insufficient evidence presented by the prosecutors to discredit their accusation against you.
Your lawyer could help you prove that you were forced to engage in the sexual acts due to coercion, threats, or fear. You could prove that you did not intend to engage in prostitution.
Sex crimes are a serious matter in California. You will face severe legal consequences if convicted. California sex crimes encompass a wide range of offenses involving sexual misconduct. From rape and lewd conduct to child molestation and indecent exposure, these crimes carry heavy penalties like imprisonment, fines, and mandatory registration as a sex offender. Additionally, a sex crime conviction can negatively impact your gun rights, immigration status, and employment opportunities.
The Law Offices of Anna R. Yum in San Diego specialize in criminal defense, including sex crimes. Our experienced attorneys understand the sensitive nature of these cases and are committed to providing compassionate and effective legal representation. If you are facing sex crime charges, contact us immediately for a confidential consultation.
In California, a sex crime is any act of sexual misconduct that is considered illegal. This includes a wide range of felony and misdemeanor offenses, from rape and sexual assault to child molestation and indecent exposure. The specific elements of each crime vary, but they generally involve some form of unwanted sexual contact or behavior.
Here are some of the most common types of sex crimes in California:
Continuous sexual abuse of a child is a serious crime punishable under California PC 288.5. A PC 288.5 violation involves sexual acts with a child under the age of 14 on three or more occasions over three months. The prosecutor must prove certain elements beyond a reasonable doubt to secure your conviction:
Examples of incidents that are considered violations of PC 288.5 are:
Continuous sexual abuse of a child is a felony in California that is punishable by:
A PC 288.5 violation is a violent and serious felony, counting as a strike under California’s three-strikes law. A third sex crime conviction can lead to 25 years to life in prison and lifetime sex offender registration.
A conviction for continuous sexual abuse of a child can impact your gun rights and immigration status. If convicted, you cannot own or possess firearms in California and may face deportation or other immigration consequences.
Per PC 261, rape is non-consensual sexual intercourse with another person. The statute illegalizes committing sexual assault through threats, coercion, or menace, including when the victim cannot consent due to intoxication, mental disorders, or unconsciousness.
For the judge to convict you, the prosecution must prove beyond a reasonable doubt the following:
Rape is a felony in California, with possible prison sentences of three, six, or eight years. The court could also order you to register as a sex offender for life. Severe physical harm to the plaintiff can result in an additional prison sentence of 3 or 5 years.
The court imposes a 13-year sentence if the victim is under 13 and an 11-year sentence if the victim is between 14 and 17. Probation cannot be granted if severe physical harm is caused by violence or force.
A PC 261 violation is a serious felony and counts as a strike under California’s three-strikes law. Your sentence doubles for a second serious or violent felony, resulting in a life sentence for a third felony.
A Conviction for rape in California prohibits you from owning a gun. You may also face deportation or other immigration consequences as rape is considered a crime involving moral turpitude (CIMT).
California PC 290 requires those convicted of specific sex offenses to register as sex offenders with local law enforcement, including providing personal information, fingerprints, and photographs.
Sex offender registration monitors and tracks sex offenders within the state, enhancing public safety. The prosecution must demonstrate certain elements of the crime before they can secure your conviction. These include:
The penalties for failing to register as a sex offender depend on the nature of the original sex offense.
If the original sex crime was a misdemeanor, failing to register is also a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. If the original sex crime was a felony or you have prior PC 290 violations, failing to register is a felony, punishable by 16 months, two, or three years in prison, and a fine of up to $10,000.
Your immigration status is not affected by a PC 290 conviction alone. Inadmissible and deportable crimes are mainly domestic violence, drug and firearms offenses, and crimes of moral turpitude. Also, you lose your gun rights upon a felony conviction.
Under California PC 314, indecent exposure is willfully exposing one’s private body parts in public or where others are present, intending to gratify oneself or offend others. The prosecution must prove the following elements for conviction:
Penalties for indecent exposure vary based on prior convictions and the offense’s circumstances.
A first offense is usually a misdemeanor, punishable by up to 6 months in jail and a fine of up to $1,000. A second offense could be a misdemeanor or felony, punishable by up to 1 year in jail for a misdemeanor or 16 months, two, or three years in prison for a felony, with a fine of up to $1,000.
For subsequent offenses, you receive a felony conviction, punishable by up to 3 years in jail or 16 months, two, or three years in prison, and a fine of up to $10,000.
Child molestation, legally termed “lewd acts with a child” under California PC 288, is a grave offense with severe consequences. The offense includes any lewd or lascivious act committed upon a child under 14, intending to arouse, appeal to, or gratify the lust, passions, or sexual desires of the perpetrator or the child.
Penal Code 288 outlines two categories of this offense:
This section covers lewd acts without force, violence, duress, menace, or fear of immediate bodily injury. It includes acts like touching a child’s breast, buttocks, or genitals for sexual gratification or causing a child to touch themselves or another person for the same purpose.
This section covers lewd acts involving force, violence, duress, menace, or fear of immediate bodily injury. It includes acts where the perpetrator uses physical force or threats to coerce the child into engaging in lewd conduct.
Under PC 288(b)(1), the following elements must be proven:
Prosecutors typically rely on various types of evidence to establish this intent, including:
The penalties for violating PC 288 can be severe and depend on the specific section violated and the presence of aggravating factors. Generally, violating PC 288(a) without using force or threat is punishable by three, six, or eight years in prison or a fine not exceeding $10,000. A violation of PC 288(b)(1) involving force or fear is punishable by five, eight, or ten years in prison or a fine not exceeding $10,000.
California law imposes severe penalties for lewd acts involving minors, especially if bodily harm is inflicted.
If you are at least 10 years older, it’s a “wobbler” offense (Penal Code 288(c)(1)), chargeable as either:
Prosecution typically falls under:
If you have a prior sex crime conviction, you may be prosecuted under Penal Code 667.71(b) (habitual sexual offender law), facing 25 years to life.
A conviction under PC 288 is a “strike” and a serious felony under Penal Code 667 (“Three Strikes” Law). Subsequent strike offenses result in doubled penalties, with a third strike leading to 25 years to life.
Lewd conduct, as defined in California Penal Code 647(a) PC, refers to engaging in or soliciting lewd or dissolute conduct in public. It involves the willful touching of oneself or someone else’s genitals, buttocks, or breasts (in the case of a female) with the purpose of sexually arousing or gratifying oneself or someone else, or to offend or annoy someone else. This act must occur in a public place or one open to public view.
Lewd conduct under PC 647(a) is a misdemeanor offense, punishable by:
However, if you have prior convictions for similar offenses, the penalties may be enhanced.
Law enforcement often conducts sting operations to catch individuals engaging in lewd conduct. These operations typically involve undercover officers posing as potential participants or observers. These operations are legal and can lead to arrest and prosecution.
Oral copulation with a minor is punishable under California PC 288a. The offense involves engaging in oral sex with a person under 18 years old. In California, individuals under 18 are legally incapable of consenting to sexual activity, making any such act a crime regardless of whether force was used or not.
When both parties involved in oral copulation are minors, the case is often handled in juvenile court. However, the accused juvenile may face consequences such as probation, counseling, or placement in a juvenile detention facility. The severity of the consequences depends on the age difference between the minors.
The sentencing for oral copulation with a minor depends on the age of the plaintiff and the defendant, as well as whether force was used. If the victim is under 16 and the defendant is 21 or younger, or if the victim is 14 or 15 and force was used, the offense may be charged as either a misdemeanor or a felony, depending on the circumstances and the prosecutor’s discretion.
California Penal Code 647(b) PC punishes prostitution and solicitation. It is a crime to engage in or solicit prostitution. Engaging in prostitution means having sexual intercourse or performing a lewd act with someone else in exchange for money or other compensation. Soliciting prostitution means requesting that another person engage in an act of prostitution with the intent to engage in an act of prostitution with the other person.
The penalties for prostitution and solicitation in California depend on the circumstances of the offense.
Soliciting prostitution is a misdemeanor that is punishable by a fine of up to $1,000, imprisonment in county jail for up to 6 months, or both.
There have been several efforts to legalize prostitution in California. In 2009, Assembly Bill 326 was introduced in the California State Assembly. The bill would have legalized prostitution and regulated it like other businesses. The bill was not passed.
In 2016, Senate Bill 357 was introduced in the California State Senate. The bill would have legalized prostitution and created a regulatory framework for the industry. The bill was not passed. In 2019, Assembly Bill 312 was introduced in the California State Assembly. The bill would have legalized prostitution and created a regulatory framework for the industry. The bill was not passed.
Senate Bill 233 is a bill that was introduced in the California State Senate in 2021. The bill would decriminalize prostitution and create a regulatory framework for the industry. The bill is currently pending in the California State Senate.
The debate over prostitution in California is likely to continue. There are strong arguments on both sides of the issue. You want to weigh the pros and cons of legalization carefully before deciding.
The advantages of legalization are:
The demerits of legalization include:
If you have been accused of a sex crime, it is important to know your rights and how to defend yourself. Some defenses can be used in sex crime cases, including:
Sex crime allegations in California carry severe legal and personal consequences. The penalties, coupled with the emotional and social stigma associated with these offenses, make it imperative for those accused to seek expert legal guidance. If you or a loved one has been charged with a sex crime in San Diego, we at the Law Offices of Anna R. Yum are ready to defend you. Our team of experienced attorneys specializing in sex crime defense is committed to providing compassionate and effective legal representation. Contact us today at (619) 233-4433 for a confidential consultation.
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Sex crimes in California are taken seriously, and a conviction could have you facing consequences that could be detrimental to your life and also affect where you can live, your employment, and your freedom.
If you or a family member are facing a sex crime charge, you want to seek the legal counsel of an experienced attorney who has represented defendants accused of engaging in a sex crime in court, and they must have had a positive outcome.
At the Law Offices of Anna R. Yum, our lawyers understand the seriousness of being accused of having committed a sex crime in San Diego. We are ready to help you build solid defenses that you can use to fight the charges against you. Contact us today at (619) 233-4433 so that we can start working on your case.
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