In the realm of criminal law, few accusations are as deeply stigmatizing and legally perilous as those related to sex crimes. If you find yourself facing charges of this nature, it is crucial to comprehend the gravity of the situation and act swiftly to protect your rights, reputation, and future.

At Riverside Criminal Attorney , we understand the profound impact that sex crime charges can have on your life and the lives of your loved ones. Our Riverside criminal defense attorneys have extensive experience handling sex crime cases. Our foremost objective is to advocate vigorously for your defense and ensure your voice is heard in the complex judicial system.

Child Sexual Abuse

Child sexual abuse in California is addressed under various statutes, depending on the specific actions involved. Generally, child sexual abuse refers to any unlawful sexual conduct with a minor under the age of 18 years.

The law aims to protect children from exploitation and harm, recognizing their vulnerability and the need for stringent legal measures. California law classifies various offenses related to child sexual abuse, including but not limited to:

  • Child molestation — Penal Code 647.6 PC makes it illegal to engage in any lewd or lascivious act with a child under 18 years old, with the intent to arouse or satisfy the sexual desires of either the perpetrator or the child.
  • Sexual penetration with a minor — Penal Code 288(c) PC prohibits sexual penetration with a child under 18 when the perpetrator is more than three years older than the minor.
  • Statutory rape — California law defines statutory rape under Penal Code 261.5 PC, which makes it unlawful to engage in sexual intercourse with a minor under 18.

To secure a conviction for child sexual abuse, the prosecutor must prove the following elements beyond a reasonable doubt:

  • The age of the victim — The prosecutor must establish that the alleged victim was under the age of 18 at the time of the offense.
  • Unlawful sexual act — Depending on the specific charge, the prosecutor must demonstrate that the defendant engaged in a prohibited sexual act, such as molestation, penetration, or statutory rape.
  • Intent — The prosecutor needs to show that the defendant acted willfully and with the intent to commit the unlawful sexual act.
  • Identity of the Defendant — The prosecution must prove that the accused individual is the one who committed the alleged offense.

The penalties for child sexual abuse offenses in California are severe and carry lifelong consequences. The severity of the punishment depends on various factors, such as the nature of the offense, the age difference between the parties involved, the use of force, and the defendant's criminal history.

Potential penalties for child sexual abuse offenses may include the following:

  • Imprisonment — Convictions for child sexual abuse can result in significant prison sentences of up to 16 years, depending on the gravity of the offense.
  • Sex offender registration — A conviction for child sexual abuse typically mandates registration as a sex offender for life. This can severely impact the individual's personal and professional life.
  • Criminal fines — Courts may impose substantial fines of up to $10,000 as part of the sentence.

Date Rape

Date rape, also known as acquaintance rape or drug-facilitated sexual assault, occurs when a person engages in non-consensual sexual intercourse with someone they know or are acquainted with. In California, date rape falls under the broader category of sexual assault offenses.

To secure a conviction for date rape, the prosecutor must establish the following elements beyond a reasonable doubt:

  • Lack of consent — The prosecutor must demonstrate that the sexual activity took place without the explicit and voluntary consent of the victim. California law defines consent as a positive, conscious, and voluntary agreement to engage in sexual activity.
  • Knowledge of lack of consent — The prosecutor must show that the defendant knew or should have known that the victim did not consent to the sexual activity. This is crucial, especially in cases involving intoxication, unconsciousness, or mental incapacity.
  • Identity of the defendant — The prosecution must prove that the accused individual is the one who engaged in the alleged sexual assault.

The penalties for date rape convictions in California may include the following:

  • Imprisonment — Depending on the nature of the offense, the defendant may face imprisonment ranging from three to 13 years in prison.
  • Sex offender registration — A conviction for date rape often requires the defendant to register as a sex offender for life or up to 20 years.
  • Criminal fines — Convicted individuals may be ordered to pay substantial fines of up to $10,000 as part of their sentence.

Failure to Register as a Sex Offender

In California, individuals convicted of certain sex offenses are legally required to register as sex offenders. Failure to comply with this legal obligation constitutes a separate criminal offense known as "failure to register as a sex offender."

The registration requirement aims to enhance public safety by informing communities about individuals with past sex crime convictions. Under California law, individuals must register as sex offenders in the jurisdiction where they reside or temporarily stay.

The registration includes providing personal information, such as name, address, employment details, and information about the underlying sex offense. Failure to do so as mandated by law can lead to criminal charges.

To secure a conviction for failure to register as a sex offender, the prosecutor must prove the following elements beyond a reasonable doubt:

  • A conviction for a qualifying sex offense — The prosecutor must establish that the defendant was previously convicted of a qualifying sex offense that requires registration as a sex offender under California law.
  • Failure to register — The prosecution must demonstrate that the defendant failed to register or update their registration as required by law within the specified timeframe. This includes not registering upon release from custody, moving to a new address without updating the registration, or failing to provide accurate and updated information.
  • Knowledge of registration obligation — The prosecutor needs to show that the defendant was aware of their obligation to register as a sex offender but intentionally failed to do so.

Failure to register as a sex offender is a serious offense in California, and the penalties can be significant. The severity of the penalties may vary depending on the specific circumstances of the case and the defendant's criminal history.

The criminal offense of failure to register as a sex offender is a wobbler. This means the prosecutor can charge it as a misdemeanor or felony, depending on their discretion.

As a felony, failure to register as a sex offender attracts a prison term of a maximum of three years. The penalty for misdemeanor failure to register as a sex offender is a county jail term of up to one year.

Indecent Exposure

Indecent exposure is a criminal offense that involves willfully exposing one's private parts in a public place or in the presence of someone who might be offended or annoyed. California law seeks to protect public decency and maintain a safe and respectful environment for all individuals.

"Private parts" include the genitals, buttocks, or female breasts (excluding breastfeeding). To secure a conviction for indecent exposure, the prosecutor must prove the following elements beyond a reasonable doubt:

  • Exposure of private parts — The prosecution must demonstrate that the defendant intentionally exposed their private parts (genitals, buttocks, or female breast) in a public place or in the presence of someone who could be offended or annoyed by the act.
  • Willful conduct — The prosecutor needs to establish that the act of indecent exposure was deliberate and intentional. In other words, the defendant knew they were exposing their private parts and chose to do so anyway.
  • Knowledge of the presence of others — The prosecution must show that the defendant was aware or reasonably should have been aware that there were other people present who could witness the indecent exposure.

Indecent exposure is typically charged as a misdemeanor offense in California. The penalties for indecent exposure can be severe, and they may include the following:

  • Imprisonment — A conviction for indecent exposure can lead to imprisonment in county jail for up to six months.
  • Criminal fines — The court may impose a fine of up to $1,000 as part of the sentence.
  • Sex offender registration — In certain circumstances, a conviction for indecent exposure may require the defendant to register as a sex offender for ten years.

Lewd Conduct

Lewd conduct refers to engaging in any offensive or sexually indecent behavior in public or near a public place. The primary objective of the law is to protect public decency and maintain a safe and respectful environment for all individuals.

Lewd conduct can involve various actions, including but not limited to indecent exposure, engaging in sexual acts, or engaging in lewd behavior in the presence of others who may be offended or annoyed by such conduct. To secure a conviction for lewd conduct, the prosecutor must prove the following elements beyond a reasonable doubt:

  • Offensive or indecent conduct — The prosecution must establish that the defendant engaged in offensive or sexually indecent conduct. This can include acts such as indecent exposure, sexual touching, or engaging in lewd acts.
  • Public or near a public place — The prosecutor needs to show that the conduct occurred in public or in close proximity to a public place where others could witness the behavior.
  • Intent — The prosecution must demonstrate that the defendant acted willfully and intentionally engaged in lewd conduct. The defendant must have known or reasonably should have known that their behavior was offensive or indecent.
  • Awareness of others' presence — The prosecutor must prove that the defendant was aware or reasonably should have been aware of the presence of other people who might be offended or annoyed by the lewd conduct.

Lewd conduct is generally charged as a misdemeanor offense in California. The penalties for lewd conduct can include the following:

  • Imprisonment — A conviction for lewd conduct can lead to imprisonment in county jail for up to six months.
  • Criminal fines — The court may impose a fine of up to $1,000 as part of the sentence.
  • Probation — Instead of jail time, the court may grant probation to the defendant, subjecting them to specific conditions and supervision.
  • Mandatory counseling or classes — The court may order the defendant to attend counseling or educational programs related to the offense.

Oral Copulation by Force

In California, oral copulation by force is a serious criminal offense that involves engaging in non-consensual oral sex with another person using physical force or threats. The law recognizes the importance of consent in all sexual activities and aims to protect individuals from sexual assault and violence.

California law defines oral copulation by force under Penal Code Section 287. California Penal Code 287 prohibits anyone from using force, violence, duress, menace, or fear to compel another person to engage in oral copulation against their will.

To secure a conviction for oral copulation by force in California, the prosecutor must prove the following elements beyond a reasonable doubt:

  • Non-consensual act — The prosecution must establish that the oral copulation was non-consensual, meaning that the victim did not willingly and voluntarily agree to engage in the act.
  • Use of force or threats — The prosecutor must show that the defendant used force, violence, duress, menace, or fear to compel the victim to engage in oral copulation against their will. This can include physical force, verbal threats, or any other coercive behavior.
  • Identity of the defendant — The prosecution must prove that the accused individual is the one who committed the alleged offense.

Oral copulation by force is classified as a felony offense in California. The penalties for this crime can be severe and may include the following:

  • Imprisonment — A conviction for oral copulation by force can lead to a significant prison sentence, ranging from three to eight years in state prison.
  • Sex offender registration — In many cases, a conviction for this offense requires the defendant to register as a sex offender for life, which can have long-lasting consequences on the individual's life, employment opportunities, and housing prospects.
  • Criminal fines — The court may impose a substantial fine of up to $10,000 as part of the sentence.

Possession of Child Pornography

Possession of child pornography is a serious criminal offense in California. Under California law, child pornography is defined as any material that visually depicts minors engaged in sexually explicit conduct.

This includes images, videos, photographs, or any other media that portray individuals under 18 involved in sexual acts or posing in a sexually suggestive manner. California strictly prohibits the creation, distribution, and possession of child pornography to protect children from exploitation and abuse.

To secure a conviction for possession of child pornography in California, the prosecutor must prove the following elements beyond a reasonable doubt:

  • Possession of child pornography — The prosecution must establish that the defendant knowingly and intentionally possessed material that meets the legal definition of child pornography.
  • Age of the depicted minors — The prosecutor needs to show that the individuals depicted in the materials were minors under 18 when the images or videos were created.
  • Knowledge — The prosecution must demonstrate that the defendant was aware that they possessed child pornography. The defendant must have known the nature of the material and that it contained explicit depictions of minors engaging in sexual conduct.

Possession of child pornography can be charged as either a felony or a misdemeanor. A misdemeanor conviction attracts a county jail term of up to one year. On the other hand, a felony conviction results in a state prison sentence of up to three years.

Prostitution

Prostitution is a criminal offense in California that involves engaging in sexual acts in exchange for money, goods, services, or other valuable considerations. The primary objective of prostitution laws is to discourage and prevent the commercialization of sexual activities and to protect individuals from exploitation and human trafficking.

Under California law, both the act of offering or agreeing to engage in prostitution (solicitation) and the act of engaging in sexual acts for compensation (prostitution) are prohibited. To secure a conviction for prostitution in California, the prosecutor must prove the following elements beyond a reasonable doubt:

  • Engaging in sexual acts for compensation — The prosecution must establish that the defendant engaged in sexual acts, such as sexual intercourse or oral sex, in exchange for money, goods, services, or other valuable considerations.
  • Acting willfully — The prosecutor needs to show that the defendant engaged in the act of prostitution voluntarily and with full knowledge of its nature.
  • Commercial exchange —The prosecution must demonstrate that there was an agreement or arrangement for the exchange of compensation for the sexual acts.

The penalties for prostitution in California can vary based on several factors, such as the defendant's prior criminal history and the case's specific circumstances. The penalties may include the following:

  • Misdemeanor conviction — Prostitution is typically charged as a misdemeanor offense in California. The defendant will have a misdemeanor offense on their criminal record if convicted.
  • Imprisonment — A conviction for prostitution can lead to imprisonment in county jail for up to six months.
  • Criminal fines — The court may impose a fine of up to $1,000 as part of the sentence.
  • Probation — Instead of jail time, the court may grant probation to the defendant, subjecting them to specific conditions and supervision.
  • AIDS testing — In some cases, the court may require the defendant to undergo testing for sexually transmitted diseases, including HIV.

Rape

Rape is a grave criminal offense in California that involves engaging in sexual intercourse with another person without their consent. California law defines rape under Penal Code Section 261.

California Penal Code 261 defines rape as an act of sexual intercourse accomplished with a person under any of the following circumstances:

  • Where the victim did not give consent to the act of sexual intercourse.
  • Where the victim is incapable, due to a mental disorder or developmental or physical disability, of giving legal consent.
  • Where the victim is prevented from resisting the act due to intoxication, unconsciousness, or any other means that render the victim incapable of giving consent.
  • Where the victim is under 18 years old and not legally capable of giving consent.

The law recognizes that consent is essential to any sexual activity and requires affirmative and voluntary agreement from all parties involved. To secure a conviction for rape in California, the prosecutor must prove the following elements beyond a reasonable doubt:

  • Lack of consent — The prosecution must establish that the sexual intercourse took place without the victim's legal and affirmative consent. Consent must be voluntary and not obtained through force, threats, coercion, or deception.
  • Age or incapacity of the victim — Depending on the circumstances, the prosecutor must show that the victim was under 18 years old or unable to give consent due to intoxication, unconsciousness, or a mental disorder or developmental or physical disability.
  • Act of sexual intercourse — The prosecution must demonstrate that the defendant engaged in sexual intercourse with the victim.
  • Knowledge of lack of consent — The prosecution needs to prove that the defendant knew or should have known that the victim did not consent to the sexual intercourse.

Rape is a felony offense in California, and the penalties for this crime can be severe. The potential penalties may include the following:

  • Imprisonment — A conviction for rape can lead to a significant state prison sentence, ranging from three to 13 years.
  • Criminal fines — The court may impose a substantial fine of up to $10,000 as part of the sentence.
  • Sex offender registration — A conviction for rape typically requires the defendant to register as a sex offender for 20 years or life.
  • Restitution — The court may order the defendant to pay restitution to the victim for any harm suffered, including medical expenses and counseling fees.

Find a Riverside Criminal Defense Attorney Near Me

Contact us at Riverside Criminal Attorney if you or a loved one are facing criminal charges for any of the sex crimes discussed in this article. We can help you build a solid defense strategy.

You have the right to a zealous defense, and we are here to help you face this challenging situation with resilience and strength. Together, we can fight to safeguard your rights, protect your reputation, and secure your future. Call us today at 951-877-4204 for a free consultation.