San Diego Sex Crimes Attorney

What Is Considered A Sex Crime In California?

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.

Common California Sex Crimes

Here are some of the most common types of sex crimes in California:

Continuous Sexual Abuse of a Child, California PC 288.5

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:

• You resided in the same house or had recurring access to the child.
• You committed sexual acts with the child more than three times over three months.
• The victim was under the age of 14.

Examples of incidents that are considered violations of PC 288.5 are:

• A guardian having sex with a 10-year-old girl under their care five times over one year.
• A daycare teacher touched the genitals of a 4-year-old boy seven times in four months.
• A 17-year-old who is tutoring a 13-year-old girl who is having sex with her over six months.

Continuous sexual abuse of a child is a felony in California that is punishable by:

• A prison sentence of 6, 12, or 16 years.
• A fine not exceeding $10,000.
• Plaintiff restitution.
• A restraining order.

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.

Rape, California PC 261

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:

• You engaged in sexual intercourse with the victim.
• The victim did not consent to the sexual intercourse.
• You used force, threats, coercion, or menace to achieve the victim’s non-consent.

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).

Failure To Register As A Sex Offender, California PC 290

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:

• You were previously convicted of a qualifying sex offense in California.
• You knew about the requirement to register as a sex offender based on your prior conviction.
• You willfully failed to register initially or update your registration information as required by law. The law requires that you register within five days of your birthday or change of address.

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.

Indecent Exposure, California PC 314

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:

• You intentionally exposed their genitals, anus, or breasts.
• The exposure occurred in a public place or a place where other people were present who could be offended or annoyed.
• You intended to direct public attention to their genitals for either sexual gratification or offending others.

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.

Lewd Acts With A Child / Child Molestation, California PC 288

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:

1. Penal Code 288(a)

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.

2. Penal Code 288(b)(1)

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:

• You committed a lewd act by willfully touching a child under 14 for sexual purposes or causing the child to touch themselves or someone else for sexual gratification.
• You used force, violence, duress, menace, or threats to accomplish the lewd act.
• You had the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of themselves or the child.

Prosecutors typically rely on various types of evidence to establish this intent, including:

• Any statements you make indicating your sexual interest in children.
• The child’s account of the incident and their perception of the defendant’s intentions.
• Statements from individuals who observed your behavior towards the child or heard the defendant make sexually suggestive remarks.
• Any physical evidence that supports the allegation of sexual abuse, such as DNA evidence, medical reports, or photographs.

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.

1. Victim Under 14

• California PC 667.61(d)(7) (“One Strike” law). 25 years to life for causing bodily injury.
• California PC 288(i). Life sentence for causing bodily injury.
• California PC 12022.8. 5-year enhancement for severe physical harm.
• You could face an additional five years to life in prison if physical injury is inflicted.

2. Victim Aged 14 or 15

If you are at least 10 years older, it’s a “wobbler” offense (Penal Code 288(c)(1)), chargeable as either:

1. Misdemeanor. You could face up to 1 year in jail.
2. Felony. The court could imprison you for 16 months, 2 years, or 3 years in prison, or felony probation with up to 1 year in jail.

3. Victim Aged 16 or 17

Prosecution typically falls under:

• Statutory rape law (PC 261.5).
• Sexual battery law (PC 243.4(a)).

4. Second or Subsequent Convictions

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, California PC 647(a)

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:

• Up to six months in county jail.
• A fine of up to $1,000.
• Summary probation.

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, California Penal Code 287

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.

• Minor was 14 to 17, and you used force or fear (PC 287(c)(2)(C)). This felony is punishable by 6, 8, or 10 years in prison. Offenders must register as Tier III sex offenders.
• You acted in concert with another person, used force or fear, and the minor was under 14 (PC 287(d)(2)). This felony carries a prison term of 10, 12, or 14 years and requires Tier III sex offender registration.
• You acted in concert with someone else, used force or fear, and the minor was 14 to 17 (PC 287(d)(3)). This is also a felony, punishable by 8, 10, or 12 years in prison, with Tier III sex offender registration.
• You were over 21, and the minor was under 16 (PC 287(b)(2)). This felony is punishable by 16 months, 2 years, or 3 years in prison or formal probation. Offenders are Tier I sex offenders, though registration can be waived in specific cases.
• Minor was under 14 and more than 10 years younger than you (PC 287(c)(1)). This felony is punishable by 3, 6, or 8 years in prison or formal probation, with Tier II sex offender registration.
• Minor was under 14, and you used force or fear (PC 287(c)(2)(B)). This felony carries a sentence of 8, 10, or 12 years in prison and requires Tier III sex offender registration.
• Oral copulation with a minor (PC 287(b)(1)). If the minor is under 18, this wobbler offense can be charged as a misdemeanor (up to 1 year in jail or summary probation) or a felony (16 months, 2 years, or 3 years in prison or formal probation). Offenders are Tier I sex offenders, with a potential waiver of registration in certain circumstances.

Prostitution / Solicitation, California PC 647(b)

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.

• For a first offense of prostitution, the penalty is a fine of up to $1,000 or imprisonment in county jail for up to 6 months, or both.
• For a second offense of prostitution, the penalty is a fine of up to $2,000 or imprisonment in county jail for up to 1 year, or both.
• For a third or subsequent offense of prostitution, the penalty is a fine of up to $3,000 or imprisonment in county jail for up to 1 year, or both.

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:

• Reduced crime and violence.
• Improved public health.
• Increased tax revenue.
• Reduced stigma.

The demerits of legalization include:

• Increased human trafficking.
• Exploitation of women and children.
• Increased spread of sexually transmitted diseases.

Fighting Your Sex Crime Allegations

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:

• You were the victim of a false accusation. There are several reasons why someone might falsely accuse someone else of a sex crime, such as revenge, jealousy, or a misunderstanding.
• No sexual contact occurred. If you are accused of a sex crime but no sexual contact occurred, you may be able to have the charges dismissed.
• The sex was consensual. If you are accused of rape, but the sex was consensual, you may be able to have the charges dismissed.
• You had an honest and reasonable belief that the plaintiff consented. This defense is available in cases where the defendant mistakenly believes that the plaintiff consented to sexual activity.
• There is insufficient evidence. To convict someone of a crime, the prosecution must prove their case beyond a reasonable doubt. If there is not enough evidence to support the charges, the case may be dismissed.
• Mistaken eyewitness identification / mistaken identity. In some cases, people are falsely accused of sex crimes based on mistaken eyewitness identification. If you have been accused of a sex crime, it is important to have a lawyer investigate the case and determine if there is any evidence of mistaken identity.