San Diego Criminal Defense

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San Diego Criminal Lawyer
San Diego Criminal Lawyer

California Sex Crimes

Explained by an Award-Winning

San Diego Criminal Lawyer

There is no criminal allegation that can destroy a person's life like a sex crime allegation.

The sad reality is that sometimes simply the allegation of a sex crime can destroy a person's career, marriage and reputation. One of the cornerstones of the American system of justice is that you are innocent until proven guilty, but when the spectre of a sex crime is raised, the general public tends to forget this pricinple. If you or a loved one has been accused of a sex crime, it is imperative to speak to a San Diego criminal defense attorney immediately.  Only an experienced San Diego criminal lawyer can speak to the DA and possibly prevent charges from ever being filed - saving you money, and your reputation. 

Types of California Sex Crimes

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Child Sexual Abuse

 

California child sexual abuse laws are broadly defined to include any type of sexual assualt, exploitive activity.  Under California Penal Code section 11164 et seq. there is a mandatory reporting requirement for health practitioners, child visitation monitors, fire fighters, school employees, social workers, and employees of child care organizations or day camps. The training of these individuals is often less than a few hours a year, and mistakes in reporting are a frequent occurrance. However, if any one of these individuals knows or reasonably suspeccts or observes child sexual abuse, they are required to report it to a police, sheriff or county welfare department. Simply the allegation of child abuse can destroy your carrer, repuation and family. 

 

If you have been acused of child sex abuse in California, you need to contact a San Diego criminal lawyer immediately.  Time is of the essence for child sex abuse charges - getting out in front of the case and having an experienced criminal lawyer speak to the DA increases the possibility that your charges could be reduced to something less serious or dismissed alltogether. For more information on child sex abuse, including legal definitions, examples of, and defenses to a charge of child sex abuse, contact us today.

 

Date Rape

Date rape is rape. It is not a separate crime.  Date rape is a term commonly used to describe nonconsenual sexual intercourse between people who are either dating, or acquaintances. It is unfortunately common for a woman to make a false allegation of rape against her boyfriend or romantic partner. It is less common for a man to make such a false allegation against a woman, but it has happened. If you have even a hint that a person may take steps to accuse you of date rape, do not hesitate to contact a San Diego criminal lawyer immediately

 

 

Indecent Exposure

California Penal Code 314 PC

 

California Penal Code 314 PC makes "indecent exposure" a sex crime. Indecent exposure is the willful exposing of genitals to someone else for your own sexual gratification, or the desire to offend another person. Shockingly, the statutory definition of "indecent" was established in 1872, when the penal code was enacted - and remains in force today. This can lead to some rather confusing concepts about what is considered "indecent."  

 

If you have been accused of indecent exposure, contact a San Diego criminal lawyer today to learn how to fight these charges and prevent the mandatory registration as a sex offender that results from an indecent exposure conviction.  For more information on Indecent Exposure laws, including penal codes, legal definitions, examples of, and defenses to indecent exposure charges, contact us today. 

 

 

 
 
 

Lewd Conduct

California Penal Code 647(a) PC

 

Lewd Conduct is codified in California Penal Code 647(a) which defines lewd conduct as touching your genital area, buttocks or female breast (or someone else's) for the purpose of sexual gratification or to annoy or offend another person. Lewd conduct is most commonly charged when two people engage in sexual activity in a public place (not a crime in and of itself), and know, or should have reason to know that someone could observe that conduct, and be offended by it.  If you are accused of lewd conduct, contact a San Diego criminal lawyer immediately to increase your odds of getting your charges reduced or dismissed. 

 

 
 

Oral Copulation by Force

California Penal Code 288(a) PC

 

In California, it is a sex crime to make contact between the mouth of one person, and the genitals or anus of another person, without the other person's consent, through the use of force, violence, duress, menace or fear.  This is a serious criminal allegation, and if convicted requires lifetime registration on a state's sex offender registry.  If you think you may be charged with oral copulation by force, under Penal Code 288(a) PC, call a San Diego criminal lawyer immediately. The longer you wait to call, the more damage the allegation can do to your career, family, and future.  For more information on Penal Code 288(a), including definitions, examples of, and defenses to a charge of oral copulation by force, contact us today

 

 

Lewd Act with a Child

California Penal Code 288 PC

 

Under Penal Code 288 PC it is a crime to touch a child somewhere on their body for sexual purposes.  This particular statute is sometimes referred to as "lewd acts with a minor under 14" or "acts of lewd and lascivious conduct."  Typically these cases involve accusations that child molestation took place, however one can be charged under this statute even if there was no contact with the child's sexual organs.  It is important to call a San Diego criminal lawyer immediately if you are concerned you may be charged under Penal Code 288.  The potential consequences of just an accusation are enough to destroy your career and reputation.  Only an experienced San Diego criminal lawyer can help you fight these charges in both a court room, and in the public sphere.  For more information on Penal Code 288, include legal definitions, examples of, and defenses to a charge of lewd acts with a minor under 14, contact us today. 

 

 

Possession of Child Pornography

California Penal Code 311.1 PC

California Penal Code 311.2 PC

California Penal Code 311.4 PC

 

Possession of Child Pornography is becoming more and more relevant to parents as teenagers are exposed to technology and smart phones. If your high school student is sexting with another high school student, they are technically possessing child pornography and could potentially face criminal charges. If your student is doing this on a phone that you are the owner of, and you pay for, you as an adult may be charged with possession of child pornography, even if you did not know the contents on the phone.  

 

Child pornography laws are almost draconian because of the evil stimga attached to it - this is the crime that sent former Subway spokesman Jared Fogel to prison - but the most likely person you know who is currently possessing child pornography is a teenager. The typical scenario involving well-to-do teenagers and child pornography is when they are sharing the photos with their friends (or maybe innocently on the receiving end because everyone was sending it to everyone) - Merely being in possession of the photograph is a crime, but if your teenager took the photo, or shared it with others, they could be prosecuted under California's revenge porn law or worse, under federal law. 

 

Penal Code 311.1 and 311.2 make it crime to knowingly send, transport, possess, produce, or duplicate pornography with the intent to distribute it. This means that if your teenager is taking nude "selfies" and sending them to other people, they could be charged under these statutes. 

 

Penal Code 311.4 makes it a crime to knowingly coerce a minor to participate in the production of child pornography. This means that if you teenager tries to pressure another teen into "sexting," that they could potentially be charged under this statute.  

 

If you or a family member is concerned that they may be charged with possession, manufacturing or distribution of child pornography (either as a result of "sexting," or otherwise), you need to call a San Diego criminal lawyer immediately.  

 

 

 
 

Prostitution 

California Penal Code 647(b)

 

Even though it has the reputation as being "the older profession in the world," Prostitution is illegal.  Under California penal code 647 (b) PC it is illegal to engage in the act of prostitution, or to offer (also known as solicitation) to exchange sex for compensation. Charges under PC 647(b) are most commonly brought as a result of police stings - and entrapment is often a successful defense to these charges.

 

It is often said that "You do not pay a prostitute for sex, you pay her to leave afterwards." Even this type of "arrangement" will not protect you if the district attorney believes they can prove you had the intent of paying for sex.  If you have been charged with soliciting or engaging in prostitution, consult with a San Diego criminal defense attorney as soon as possible to increase your chances of having your charges reduced or dismissed.  

 

Rape

California Penal Code 261 PC

 

Under Penal Code 261 PC, rape is broadly defined as non-consensual sexual intercourse, accomplished by threats, force or fraud. Rape is a serious sex crime, and most people think of rape as only committed by physical force, but it is also considered rape to have sex with a person who is "passed out drunk," or by claiming you are a famous actor to convince a person to have sex with you. In San Diego, a police officer recently made headlines by pulling women over for DUIs and offering to release them if they would have sex with him... this is also rape. If you have been accused of rape, it is important to contact an experiecned San Diego criminal lawyer immediately.  

 

 

Sex Offender Registration

California Penal Code 290(b) PC

 

If you have been convicted of a sex crime, and are required to registed under California's sex offender registration law, it can be a crime to fail to register. A person must re-register every year, and within 5 work days of that person's birthday, and every time a person moves to a new address. Knowingly and willfully failing to meet this requirement can lead to a charge under California Penal Code 290(b). For more informaiton on the requirements of California's Sex Offender Registration Law, contact an experienced criminal defense attorney today. 

 
 

Sexual Battery

 

Battery is any unwanted physical touching of another person.  Sexual Battery, also referred to as sexual assault is the touching of the intimate parts of another person for gratification, arousal or abuse. Sexual battery can be charged as either a misdemeanor or a felony. If the victim was unaware of the nature of the act, unlawfully restrained, institutionalized or forced to touch a persons' intimate parts, sexual battery could be charged as a felony.  For more information on sexual battery, contact a San Diego criminal lawyer for a free consultation. 

 

 

Statutory Rape

California Penal Code 261.5 PC

 

Under California Penal Code 261.5 PC, "statutory rape" is when an adult has sex with a person under the age of 18. This crime is also referred to as sex with a minor person under the age of 18. Unfortunately, teenagers are often charged with statutory rape if they are 18 years old and their partner is under the age of 18. Statutory rape is a wobbler, which means that it can be charged as a felony or a misdemeanor. A significant factor in determining whether the crime will be charged as a felony or a misdemeanor is the age difference between the two participants.  If you are concerned that you may be charged with Statutory Rape, contact a San Diego criminal defense lawyer immediately. For more information on statutory rape, including examples of, and defenses to a charge of statutory rape, contact us today.