Sex Crimes

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.

Lewd Acts with A Child, Penal Code 288             

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 Establish

Elements that a prosecutor must prove without a reasonable doubt to be convicted include the following:

• You are guilty of violating Penal Code 288 if your actions involve either the fondling, touching, or performing oral sex on a child for sexual arousal or causing the child to touch themselves or someone else for a sexual purpose​​. The prosecutor must prove that you willfully performed a lewd or lascivious act on the child.

• The prosecution must prove that the victim was under 14 or between 14 and 15 years old at the time you were engaging in lewd or lascivious acts with them. Also, you are 10 years older than the minor.

• Your actions must have been led by a sexual intent to gratify yourself or another person through performing lewd acts on the minor or forcing them to perform the sexual acts on someone else for your sensual satisfaction.

Penalties for Violating PC 288

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:

• Minor Under 14 (No Threats Or Force Used)

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.

• Minor Under 14 (Use Of Threats And Force)

Possible penalties include 5, 8, or 10 years in prison and fines of up to $10,000.

• Child Under 14 (Your Actions Caused Bodily Harm To The Minor)

Possible penalties include the following:

1. A life sentence if you inflicted bodily harm to a child under 14 under Penal Code 288(i)
2. Twenty-five years to life imprisonment if you inflicted bodily harm to a minor under 14 under Penal Code 667.61(d)(7).
3. A sentencing enhancement for up to 5 years if you inflicted great bodily injury on a minor under 14 under Penal Code 12022.8. 

• The Child Was Between 14 and 15

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.

Legal Defenses to PC 288 Accusations

Common defenses to Penal Code 288 include the following:  

• Accidental Contact

You win the case if the contact between you and the minor was unintentional and if you only accidentally touched them.

• False Accusations

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.

• The Minor was of Legal Age

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.

• Insufficient Evidence

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.

Oral copulation by force, Penal Code 287

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​​.

Elements of the Crime

The following elements must be present to establish a case of forced oral copulation:

• The contact between you and your victim must be non-consensual for you to be accused of violating Penal Code 287.
• The act must have been achieved using duress, violence, menace, force, threat, or fear.
• If the alleged victim was intoxicated, unconscious, or unable to give legal consent for any other reason, the act falls under this statute​​.

Penalties for Oral Copulation by Force

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.

• Sex Offender Registration

A conviction requires lifelong registration as a Tier 3 sex offender, and failure to register every year could lead to additional felony charges.

Common Defenses

Legal defenses that your lawyer could use to fight PC 287 accusations against you include the following:

• False Accusations

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.

• Mistaken Identity

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.

• The Victim Consented

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.

• Insufficient Evidence

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.

• Illegal Evidence

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, Penal Code 314

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​​.

Elements of Indecent Exposure

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:

• You exposed your genitals or naked body knowingly and willfully
• You intend to expose your genitals in a public setting.
• You expose your naked body or genitals in front of people who might be annoyed or offended by your actions.

Possible Penalties for Indecent Exposure

• First Time Offender

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.

• Aggravated Circumstances

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.

• Repeat Offenders

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.

Defenses to Indecent Exposure Accusations

Defending against indecent exposure charges may involve:

• Nonconformance to the Legal Definition

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.

• False Accusations

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.

• Mistaken Identity

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, Penal Code 261

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.

Elements of Rape

The elements of rape include the following:

• The sensual act between you and the accuser occurred without their consent. Sexual intercourse should be done when you are well informed, you mutually agree, and you do it voluntarily for the persons involved.
• The sensual act between you and your victim was non-consensual and was achieved through deception, force, or threats.
• The sensual act involved any form of penetration, however slight, without consent.
• You must have known or reasonably known that your victim did not give consent to the sexual intercourse because they were too intoxicated or they were not well mentally at the time the sexual act was happening.

Penalties, Punishment and Sentencing

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 victim is 18 or Older. You could face a sentence to serve time in prison for up to 3, 6, or 8 years.

• The Victim is Between the ages of 14 and 17. A conviction could subject you to serving 7, 9, or 11 years in prison.

• The Victim is Under 14. Upon conviction of raping a minor under 14, you could be sentenced to serve 9, 11, or 13 years in a state prison.

• Registration as a Sex Offender. You will be required to register as a sex offender if you receive a guilty verdict for having committed rape. This sex offender registration requires you to provide your personal information, such as your current residence, to the police and other law enforcement entities and abide by the reporting requirements, which are usually very strict.

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.

• If the victim is 18 or older, you will be required to register as a sex offender for a minimum of 20 years. However, you could be required to register for life if there were aggravating factors during the act. 
• If your victim was 14 to 17, you could be required to register as a sex offender for life. This means that you will have to comply with the strict requirements of life.     
• Raping a child under 14 could require you to register as a sex offender for life.

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.

• You Could be Deported

Non-U.S. citizens convicted of rape could be deported as part of the consequences after a guilty verdict. 

• Your Gun Rights Could be Withdrawn

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.

Legal Defenses to Penal Code 261 Accusations

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:

• The Alleged Victim Consented

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.

• No Sexual Intercourse

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.

• You are a Victim of False Accusation

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.

Prostitution/Solicitation, Penal Code 647 b

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:

• You engage in or intend to engage in sexual acts.
• You engaged in sensual acts in exchange for goods, services, or money.

Penal Code 647 b Violation Consequences

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.

Fighting Penal Code 647 b Accusations

Some of the solid defenses that your lawyer could employ so as to have your case dismissed or your charges reduced include the following:

• Entrapment

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.

• Insufficient Evidence

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.

• No Willfulness

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.

Find a Sex Crime Attorney Near Me

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 619-493-3461 so that we can start working on your case.