What Makes a Sex Crime a Federal Offense in California?

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Imagine being accused of a serious sex crime in California, only to discover that federal prosecutors—backed by the full power of the U.S. government—are handling your case. The stakes immediately feel higher, and feelings of fear and being overwhelmed can begin to take hold. The legal process seems even more complex and daunting than when you thought it was a state charge, and you might find yourself wondering how the charge transformed into a federal crime. 

In California, most sex crimes are prosecuted under state law, but certain conduct can trigger federal jurisdiction. So, what makes a sex crime a federal offense, and what does this mean for your defense?

Below, we break down the criteria that turn a state-level sex crime into a federal case, explore the implications of federal jurisdiction, and discuss how defense strategies might differ. We will also explain how the experienced San Diego County federal defense attorneys of The Law Offices of Kerry L. Armstrong, APLC, can help guide you through the process.

What Determines Federal Involvement in Sex Crimes?

Most sexual crimes are prosecuted at the state level under California’s Penal Code. However, some cases fall under federal jurisdiction based on the crime’s circumstances. Some cases fall under federal jurisdiction, especially when the crime:

  • Crosses state lines,
  • Occurs on federal property, or
  • Violates federal laws.

For instance, trafficking minors across state lines for sexual exploitation or crimes involving child pornography distributed across state borders are considered federal offenses.

Federal Laws That Could Change Your Case

Two key federal laws, the Mann Act and the Adam Walsh Act, are pivotal in determining if a sex crime becomes a federal offense.

The Mann Act

Initially passed in 1910, the Mann Act criminalizes the transportation of individuals across state lines for illegal sexual activities. While initially intended to combat human trafficking, the law has evolved to target broader sexual exploitation crimes, including child trafficking and prostitution.

Any case involving transportation for sex across state or national borders, including coercion and exploitation, may invoke federal charges.

The Adam Walsh Act

Enacted in 2006, this Act focuses on child protection and offender registration. It enhances federal jurisdiction in cases involving child pornography, sexual exploitation, and abuse. One key element of this law is the establishment of a national sex offender registry, which mandates that offenders convicted of specific federal sex crimes register, often for life.

The Adam Walsh Act also created stricter penalties for child pornography and exploitation offenses that occur across state lines or involve the internet.

What Crimes Are Federal Sex Offenses?

Certain criminal acts automatically qualify as federal sex offenses due to their scope and impact. 

Human Trafficking

Under the Trafficking Victims Protection Act, trafficking for sexual purposes, particularly of minors, is a federal crime if it involves crossing state or international borders.

Child Exploitation and Pornography

Crimes involving the production, distribution, or possession of child pornography that crosses state lines or appears on the internet fall under federal jurisdiction. This includes materials exchanged via digital platforms that operate across multiple states.

Sexual Assault on Federal Property

If a sexual assault occurs on federal property—such as military bases, national parks, or federal buildings—the crime is automatically handled by federal courts.

Internet-Related Sex Crimes

Given the internet’s reach across state boundaries, any use of online platforms for child exploitation, solicitation, or trafficking frequently results in federal involvement.

All of these crimes carry severe consequences due to their broad-reaching nature and the federal government’s interest in addressing interstate crime.

Federal Sex Crime Sentencing and Consequences

Facing a federal sex crime charge means you’re subject to federal sentencing guidelines, which tend to be stricter than those at the state level. Sentences for federal sex crimes are harsh, with mandatory minimums in many cases.

For instance, child pornography offenses can carry a mandatory minimum of five years in federal prison, with significantly longer sentences possible depending on the crime’s severity.

Penalties for federal sex offenses often include:

  • Lengthy prison sentences up to life in prison,
  • Mandatory sex offender registration under the Adam Walsh Act,
  • Significant fines and the payment of restitution to victims, and
  • Lifetime supervision or parole following release.

Also, the collateral consequences of federal convictions can include the loss of civil rights like the right to vote and possess a firearm. Such crimes also result in lasting damage to your reputation.

How Federal Charges Change the Legal Process

Federal cases follow a different procedure than state-level sex crimes. The Department of Justice (DOJ) prosecutes federal cases, and the U.S. District Courts handle the cases. Federal courts have stricter rules and often move quickly, giving defendants less time to prepare for their defense.

Moreover, federal investigators, such as the FBI, typically handle these cases, meaning defendants may face more extensive evidence collection and surveillance.

Plea bargains are often part of the strategy in state cases. However, because of strict sentencing guidelines in federal court, they can be harder to secure in federal courts.

Crafting a Defense Strategy for a Federal Sex Crime

Defending against a federal sex crime charge is a complex, high-stakes process. The defense strategy will depend on the specific circumstances of the case, but let’s look at some potential defenses.

  • Challenging evidence. In many federal sex crime cases, the government relies heavily on digital evidence, including internet usage or communication records. A skilled attorney can challenge how this evidence was obtained or whether it was lawfully collected.
  • Consent. In cases of alleged trafficking or exploitation, the defense might argue that the relationship or activity was consensual, especially in adult-related offenses.
  • Lack of federal jurisdiction. A defense attorney may also argue that the crime does not meet the criteria for federal jurisdiction, aiming to reduce charges to the state level.

Federal sex crime cases demand an attorney experienced in both federal law and court procedures. This is where having a dedicated San Diego County federal defense attorney can make a significant difference in the outcome of your case.

Why You Need an Experienced San Diego County Federal Defense Attorney

Federal courts have different rules, procedures, and penalties, so your defense must reflect these unique challenges.

The Law Offices of Kerry L. Armstrong, APLC, has a long history of successfully defending clients in federal court, especially in complex sex crime cases. We are recognized leaders in defending federal sex crime cases in San Diego County.

Our team understands the intricacies of federal sex crime sentencing and evidence collection, which is crucial for building a solid defense in federal sex crime cases. Contact us now for a confidential consultation to start building your defense.

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Additional Resources:

  • 18 U.S.C. § 2421 et seq link
  • Citizen’s Guide To U.S. Federal Law On Child Sexual Abuse, DOJ, link
  • Sex Offender Registry Website. FBI, link
  • Trafficking Victims Protection Act, DOJ, link

Where to find our San Diego office

Author Photo

Kerry L. Armstrong

 

Attorney Kerry Armstrong opened up his law firm in June 2007. Mr. Armstrong attended Thomas Jefferson School of Law, San Diego, California, and received his B.S. from Middle Tennessee State University. Kerry L. Armstrong became certified by the State Bar of California’s Board of Legal Specialization for criminal law in August 2020, making him one of the few criminal defense attorneys with a criminal law legal specialization certificate in San Diego County.  Between 2014 – 2019, Mr. Armstrong was selected for inclusion in the California Super Lawyers list, an honor only awarded to 5% of the nation’s attorneys.

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