Under California law, there are many crimes that can fall under the sex crime category. The crimes range from simple misdemeanor to full blown felony charges, which are the most severe of the charges.
Here are examples of what is defined as a misdemeanor sex crime:
- Inappropriate touching of a minor
- Indecent Exposure
- Solicitation of oneself or Prostitution
According to California Penal Code Section 243.4 (sexual assault/battery), misdemeanor sexual battery can be punishable for up to 6 months in jail and fines of up to $2000. If the defendant was the employer of the victim, the fine raises to $3000.
Here are examples of what is defined as a felony sex crime:
- Statutory Rape
- Sexual Battery
- Forcible Rape
- Date and/or Spousal Rape
- Lewd Behavior and Acts
- Child Pornography
The basics of the aforementioned sex crimes defined include, but are not limited to:
Statutory rape is an adult conducting sexual behavior with a minor (under 18 years old). A minor cannot legally consent to sexual conduct. This includes if one partner is a minor and the other is an adult.
Lewd Behavior and Acts
There are a plethora of sections to these offenses. Lewd behaviors and acts is typically referred to as “child molestation”. Penalties vary by the age of the child as well as the crimes that are committed.
Forcible rape occurs between two people that is lacking the consent of one person and “forced”.
This type of sex crime is applicable to a variety of different circumstances. It is a general sex offense that is charged when one or more features cannot be satisfied.
According to California Penal Code Section 243.4 (sexual assault/battery), felony sexual battery has a multitude of penalties. The defendant can receive imprisonment of up to 1 year as well as a fine of up to $2000. This state permits imprisonment for up to 2, 3 or even 4 years. The fine can increase upwards of $10,000 as well.
In California, “sexting” can now be seen as a sex crime. Sexting is defined as the electronic means of sending written communication consisting of a sexual nature. If the acts are deemed lewd, the recipient of the “sext” is a minor, the intent is regarding seduction and sexual manipulation of a minor, it may be unlawful and deemed a sex crime. These crimes can result in felony charges and entail the offender to be registered as a sex offender. Sex offenders are now listed as public information on electronic media. Megan’s Law in California has now been upheld under Penal Code section 290.46 in order for civilians to protect themselves and their children. If the defendant has been convicted as a sexual offender and choose to not register, there are ramifications. This violation is typically treated as a felony. It is possible to be convicted for each and every separate incident that is violated. Prison convictions as are absolutely possible.
Internet sex crimes are on the rise due to electronics becoming a household feature. Internet sex crimes can include chat rooms and child pornography. Both are serious offenses and have severe punishments, including prison time. Defendants target their victims online through usage of chat rooms and social platforms. Prostitution can also be solicited online as well as in person. Probation is not a possibility for repeat offenders and 45 days in jail is the minimum for this offense. Multiple convictions will land defendant behind bars for at least 90 days.
Along with child pornography, child molestation is one of California’s most serious offenses. There are a plethora of types of child molestation, including under the Penal Code Sections 288(a, b, c et. al) lewd or lascivious acts with a child under age of 14, minor by force or fear, annoying or molesting child, oral copulation and soliciting a minor for lewd purposes. Each offense can be punishable for years in prison and at least a $10,000 minimum in fines. The defenses to child molestation are lack of intent, no use of force, fear, duress, etc., accuser’s allegations are dishonest and that the incident was accidental.
A person accused of a sex crime can hire an attorney in order to prove their innocence on a specific case. A defendant may choose to use “mutual consent” as a defense to an alleged sex crime. Consent can never be a suitable defense when the alleged sex crime involves a minor, under any reason or circumstance. Innocence is another viable defense to the accused that may actually be innocent. An alibi would have to be provided in order to ensure that the sex crime was not possible to have occurred. Mental incapacity or stability is another defense to a sex crime. The accused will be handled with more leniency if it is deemed that the accused was in fact “insane” at the time of the occurrence.
The Law Offices of Kerry L. Armstrong come equipped with the best lawyers in order to represent and defend the accused on all sex crime convictions. The talent of the lawyers is apparent due to the sensitive nature of these cases and the special attention each defendant receives throughout this tedious process.