Sex Crimes

California law outlines and regulates a wide range of sex offenses including sexual battery, rape, and lew acts with a minor, among others. Most sex offenses attract felony charges that can lead to imprisonment and hefty fines. If you or someone faces sex offense charges, you should contact an attorney to help you fight against your charges. At the CCLG: Los Angeles Criminal Attorney, we have competent attorneys with a thorough understanding of California law. We can help you create a solid defense despite the intricacy of the charges against you.

Common Sex Crimes In California

Some of the common sex crimes in California include:

1. Date Rape – Penal Code 261(a)

It is an offense under Penal Code 261(a) for you to have sex with someone who is not your spouse through threats, duress, fear, or force. Rape often involves overcoming the free will of another person. You can still face charges under this law even if the victim does not resist your advances or communicate a lack of consent. If the prosecutor accuses you of rape under Penal Code 261(a), he/she must prove these elements:

• You had sex with someone else.
• You and the victim were not married
• The victim did not consent
• You applied force or threats to get the alleged victim to have sex with you.

You cannot face the charges under Penal Code 261(a) if you reasonably believed that the other person consented throughout the act of sex.

Penalties For Committing Rape Under Penal Code 261(a)

Rape is often charged as a felony in California. You can face these penalties if the alleged victim was 18 years or older:

• A jail term of three, six, or eight years in a state prison
• Sex offender registration for 20 years or life, depending on the charges

You can face the following penalties if the alleged victim was 13 years or younger:

• A jail term of 9 years, 11 years, or 13 years in a state prison
• Sex offender registration for life

Rape charges can also attract the following penalties if the victim was between 14 years and 17 years old:

• Sex offender registration for life
• A jail term of seven years, nine years, or 11 years in a state prison

The court can still convict you of this offense even if you thought that the victim was older or if the victim lied about his/her age. You can face an additional three or five years in a state prison in a sexual assault case if the victim suffered great bodily harm

The defenses you can use to fight rape charges include:

• You are a victim of false accusation
• No sexual intercourse took place
• The victim consented

2. Lewd Acts On A Child – Penal Code 288

It is a crime under Penal Code 288 for you to commit lewd or lascivious acts with a child under 14 years. This offense involves committing lewd acts to arouse or appeal to your desires or those of the child. If the prosecutor accuses you of violating Penal Code 288, he/she must prove these elements:

• You touched the body of the child, or you got the child to touch his/her body
• The touching was through clothing or on bare skin
• The touch was for sexual reasons
• The victim below 14 years

Penalties For Violating Penal Code 288

You will face felony charges for committing lewd acts on a child. This offense can attract a jail term that does not exceed eight years in a state prison. You can also face A fine of not more than $10,000. However, you could face an additional fine that does not exceed $10,000, depending on the facts of your charges. The additional fine will be deposited in the Victim-Witness Assistance Fund. This money can be used in the child sexual exploitation and child sexual abuse victim counseling centers and prevention programs.

The judge can also order you to register as a sex offender for life if you are guilty of violating PC 288. However, this law was changed in 2021; those charged with lewd acts on a child are tier 2 offenders. In this case, you are required to register as a sex offender for at least 20 years. Subsequent convictions are considered tier 3 and can attract a sex offender registration for life.

The following are some of the defenses you can use to fight Penal Code 288 charges:

• You are a victim of false accusation
• You are a victim of illegal police conduct
• Your accuser made a mistake
• The touching was not sexually motivated
• The alleged child was over the age of 14
• You did not willfully touch the child

3. Failure To Register As A Sex Offender – Penal Code 290

People who are convicted of certain sex offenses are required to register with the local police under Penal Code 290. You must also renew your registration annually or whenever you move to a new address. You can face misdemeanor charges for failing to register if the underlying crime was a misdemeanor. On the other hand, you can face felony charges for failing to register if the underlying crime was a felony. Sexual battery and rape are the common sex offenses that require registration. The police, under the Sex Offender Registration Act, defined under PC 290, are allowed to track sex offenders through mandatory registration.

The purpose of PC 290 is to ensure a safe society by allowing people to access information regarding sex offenders in their places of residence. This law was passed because authorities believe that convicted sex offenders are likely to commit similar offenses because of their previous actions.

Sometimes, some offenders fail to register in time or completely. This can attract severe and long-term repercussions, whether intentional or due to a lack of knowledge.

If the prosecutor accuses you of violating PC 290, he/she must prove these elements:

• You were convicted of a sex crime requiring sex registration under PC 290
• You lived in California
• You were aware that you needed to register as a sex offender
• You willfully failed to register or renew your sex registration with the local police or sheriff

You can face misdemeanor or felony charges for violating PC 290. Misdemeanor charges can attract the following penalties:

• A jail term that does not exceed one year in a county jail
• A fine of not more than $1000
• Misdemeanor or summary probation

Felony charges can lead to these penalties:

• A jail term of 16 months, two, or three years
• A fine of not more than $10000
• Felony probation

You can present the following defenses against your PC 290 charges:

• You are a victim of mistaken identity
• Circumstances beyond your control prevented compliance
• You completed the registration on time
• You had no knowledge

4. Sexual Battery – Penal Code 243.4

It is an offense under Penal Code 243.4 for you to touch someone else’s intimate part while he/she restrained. You can face charges if your touch was against the victim’s will. The judge can also convict you if your touch was for sexual gratification, sexual arousal, or sexual abuse. If the prosecutor accuses you of sexual battery, he/she must prove these elements:

• You restrained the alleged victim unlawfully.
• You touched the victim or made the victim touch himself.
• You touched the victim against his/her will
• The touching for sexual purposes

Penalties For Sexual Battery

Sexual battery is often charged as a wobbler. In this case, you can face misdemeanor or felony charges. Misdemeanor charges can attract the following penalties:

• A jail term of less than one year in a county jail
• A fine of not more than $2000

Felony charges, on the other hand, can attract the following penalties:

• A jail term that does not exceed four years in a state prison
• A fine of not more than $10,000

The judge can also impose both a jail term and a fine. You will be required to register as a sex offender if you are convicted of sexual battery. A misdemeanor charge can force you to register as a tier one offender for a period that does not exceed ten years. A felony charge can attract a tier three registration for the rest of your life.

The judge can grant you probation for both misdemeanor and felony charges. However, there are conditions you will be required to meet, including:

• Completing a batterer’s class
• Working with the community in community work

The defenses you can use to fight sexual battery charges include:

• You are a victim of false accusation
• The victim consented to the touching
• There is insufficient evidence to convict you

5. Lewd Conduct In Public – Penal Code 647(a)

The court can convict you of lewd conduct in public if you engage in lewd acts or solicit lewd behavior in a public place. Lewd conduct constitutes touching intimate parts, whether yours or another person’s, for annoying another person or sexual gratification. It is an offense under PC 647(a) for you to engage in dissolute or lewd sexual conduct when you are aware that another person will be offended. The prosecutor must prove these elements for you to face charges:

• You touched your intimate parts lewdly or solicited another person to do it.
• You touch the private parts in a public place or a place within public view.
• You intended to annoy another person or gratify yourself sexually
• You touched your parts in the presence of another person who could be annoyed by your behavior
• You were aware that another person was present

Penalties For Violating Penal Code 647(a)

You can face misdemeanor charges if you are guilty of lewd conduct in public. Misdemeanor charges can attract the following penalties:

• A jail term that does not exceed six months in a county jail
• A fine of not more than $10000

You can be ordered to register as a sex offender for a minimum of ten years if you are convicted of a felony sex offense alongside lewd conduct in public. The judge can also grant you misdemeanor probation. In this case, you will serve at least part of your jail term outside jail.

The defenses you can present against PC 647(a) charges include:

• You were arrested illegally or entrapped
• You were not in a place open to public view
• You had a reasonable belief that no one would be offended by your conduct
• Touching was not for sexual gratification or annoyance
• You did not engage in lewd conduct or dissolution

6. Prostitution – Penal Code 647(b)

You can be guilty of violating prostitution laws if you have sexual intercourse or engage in a lewd act with another person in exchange for compensation. Sexual intercourse constitutes penetration, regardless of how slight, of the genitals or vagina by the penis. On the other hand, a lewd act encompasses the deliberate touching of the genitals, buttocks, or female breasts of either the client or prostitute. Examples of lewd acts include:

• Grabbing the buttocks of a prostitute
• Touching the breasts of a female prostitute
• Oral copulation on someone else

You can commit prostitution under PC 647(b) by:

Engaging In An Act Of Prostitution

It is an offense under PC 647b for you to engage in an act of prostitution. If the prosecutor accuses you of violating prostitution laws, he/she must prove these elements:

• You engaged in a lewd act or sexual intercourse with someone else
• You exchanged sex with money or other compensation
• You deliberately engaged in the act of prostitution

Soliciting Someone Else For Prostitution

You can face the charges under PC 647b if you solicit someone else for prostitution. If the prosecutor accuses you of soliciting prostitution, he/she must prove these elements:

• You requested someone else to engage in prostitution
• You intended to engage in prostitution with someone else
• You passed the request to someone else, and he/she received the request

Agreeing To Engage In Prostitution

You can still face charges for agreeing to engage in prostitution even if you did not have sexual intercourse or perform a lewd act with someone else. However, agreeing to engage in prostitution alone does not amount to a violation of PC 647(b). You can face charges if you engage in an act in furtherance of prostitution.

You can face misdemeanor charges for prostitution, solicitation, and agreeing to prostitution. This offense can attract the following penalties:

• A jail term that does not exceed six months in a county jail
• A fine of not more than $1000

Prostitution is a priorable crime. In this case, you will face serious repercussions for subsequent crimes, including mandatory minimums of:

• A jail term that does not exceed 45 days for a second crime
• A jail term that does not exceed 90 days in a county jail for a third or subsequent crime

Your driving privileges can be suspended if you commit the offense in a car or near a residence.

The defenses you can use to fight prostitution charges include:

• You had no intent to solicit or engage in prostitution
• There is not enough evidence to prove your charges
• You are a victim of police entrapment

7. Possession Of Child Pornography – Penal Code 311.1(a)

It is a crime under Penal Code 311.1(a) for you to show an image or recording of a minor under 18 years engaging in sexual acts. The law prohibits sharing, selling, or showing child pornography in California. If the prosecutor accuses you of violating PC 311.1(a), the prosecutor must prove the following elements:

• You brought, sent, or caused obscene photos or videos to be sent into the state
• You produced, developed, duplicated, printed, published, prepared, or possessed obscene materials
• You offered to distribute obscene materials to another person
• You showed, distributed, or exchanged obscene materials to someone
• The unlawful material was in California
• You were aware of the material as obscene
• You were aware that the material showed a minor under 18 years of age

Penalties For Violating PC 311

Violating PC 311 is often a wobbler offense. In this case, you can face misdemeanor or felony charges. Misdemeanor charges attract the following penalties:

• A jail term that does not exceed one year in a county jail
• A fine of up to $1000 and $2,500

Felony charges can attract a jail term that does not exceed three years in a state prison. The court can also order you to register as a sex offender.

The defenses against PC 311 charges can include:

• You were entrapped
• The law enforcement found the materials through an unlawful search and seizure.
• The purported materials serve a legitimate purpose because you were engaging in a medical, scientific, or educational activity.y
• You did not act knowingly.
• The alleged materials do not meet the legal definition of child pornography.

8. Indecent Exposure – Penal Code 314

It is a crime under PC 314 for you to expose your naked body or genitals in front of people who could be offended or annoyed by it. Indecent exposure can take place in any environment. However, you can only face charges under this law if the exposure was willful and lewd. If the prosecutor accuses you of indecent exposure, the prosecutor must prove the following elements:

• You intentionally exposed your naked body or genitals
• You exposed yourself in front of people who got annoyed or offended by it
• You intended to direct attention to yourself
• You intended to sexually gratify yourself or offend another person

Penalties For Violating PC 314

Violation of Penal Code 314 is often charged as a wobbler. You can face misdemeanor or felony charges. Misdemeanor charges can attract the following penalties:

• A jail term that does not exceed six months
• A fine of not more than $1000
• Register as a sex offender for at least ten years

You can face felony charges if aggravating factors are present. The judge can convict you of a felony if you expose yourself inside an inhabited building or home. Felony charges could attract the following penalties:

• A jail term of 16 months, two years, or three years in a state prison
• A fine of not more than $10,0000
• Register as a sex offender for a minimum of ten years

The following are the defenses you can use to contest your PC 314 charges:

• You are a victim of mistaken identity
• You are a victim of false accusation
• There is insufficient evidence

9. Sodomy – Penal Code 286

Sodomy is a sexual act involving penetration of penis in the anus of someone else. You can face the charges under PC 286 regardless of the period over which the penetration happened or the degree to which it was performed. It is a crime under this law for an adult to commit sodomy with a child or by using threats, fear, or force. Unlawful acts of sodomy include:

• Committing sodomy with a child below 18 years under Penal Code 286(b)(1)
• Committing sodomy with a child below 16 years while you are over 21 years, 286(b)(2)
• Committing sodomy with a child below 14 years when your age difference with the victim is over ten years,s 286(c)(1)
• Committing sodomy against the will of the victim using fear, menace, duress, violence, or force 286(c)(2)(A)
• Committing sodomy with a child below 14 years against his/her will using fear, coercion, violence, or force 286(c)(2)(B)
• Committing sodomy by threatening to retaliate in the future against the victim 286(c)(3)
• Collaborating with someone else to commit sodomy against the will of the victim using fear or force 286(d)(1)
• Committing sodomy on an unconscious or incapacitated person, PC 286(f)

Penalties For Sodomy

Sodomy is often charged as a wobbler. In this case, you can face misdemeanor or felony charges. Misdemeanor charges can attract a jail term that does not exceed one year in a county jail. Felony charges can attract a jail term that does not exceed three years in a state prison. You will also be required to register as a sex offender.

Find a Criminal Defense Attorney Near Me

A sexual offense conviction can have detrimental outcomes, including imprisonment or having to pay high fines. If you or a loved one faces charges for a sex offense, time is of the essence. You should contact an attorney to help create a legal defense against your charges. Contact the CCLG: Los Angeles Criminal Attorney for legal representation you can count on. Our responsive attorneys will walk with you and update you at every step of your case. Contact us at 323-922-3418 to speak to one of our attorneys.