In California, if the act of a sexual nature is illegal, it is considered to be a sex crime. Generally, numerous illegal and coerced sexual conducts against another person involve a sex crime under California law. There are different types of sex crimes punishment varies depending on the committed crime as well as the criminal history of the convicted. Because of the people’s outrage about children being sexually abused or raped, lawmakers have criminalized more activities and imposed heftier penalties on sex offenders. Some consequences go beyond the completion of a jail sentence. Most probably, if the defendant is convicted of a sex crime, he or she will be imprisoned and will be required to register as a sex offender for the rest of his or her life. Because of Megan’s Law, this information is made available to the public through the internet. As such, this can have negative consequences on the person for the rest of his or her life. It may adversely affect his or her ability to go to college, get a job, or simply making friends.
Avoid going through a miserable future. Talk to a seasoned criminal defense lawyer in California to find out your legal options and the best defense strategies for your case.
In 2006, California voters passed Proposition 83, otherwise known as Jessica’s Law, imposing new restrictions and requirements on sex offenders.
What are the Classifications and Penalties of Sex Crimes in California?
➢ Definition: Sexual intercourse through the use of force or fear, coercion and/or violence without the consent of the other party. Rape can be charged whether as a felony or a misdemeanor.
- Statutory rape- if the victim (a female or a male) of the illegal act is less than 18 years old but older than 14 years old.
- Date rape- forcible sexual intercourse by a male acquaintance during a voluntary dating when the woman did not intend to have sex with the offender.
- Spousal rape – charged when the wife was only forced by the husband to have sexual intercourse.
- If the defendant is more than three years older, the possible punishment includes one year in county jail or three years in state prison.
- When the defendant is over 21 and the victim is under the age of 16, the punishment may include one year in county jail or up to four years in state prison.
➤ Sexual battery
➢ Definition: Involves touching an intimate part of another person if that person is restrained by either the person doing the touching or an accomplice.
- A fine of $10.000;
- Imprisonment from one (1) year in jail up to four (4) years in state prison or;
- Both fine and jail time.
➤ Oral copulation, sodomy or penetration by a foreign object
➢ Definition: These are considered crimes when there is an age discrepancy between the sexual partners.
- If the victim is less than 18 years old, the penalty can be up to one year in county jail or state prison.
- If the defendant is over 21 and the victim is less than 16, it is a felony that can be punished by three to eight years in state prison.
➤ Online pornography
➢ Definition: Use of computers and the internet in order to sexually exploit a child less than 18 years old through exchanging or distributing images on a computer of the child engaged in sexual conduct.
- A fine of up to $2,000 and/or
- Prison time
Please take note that a single act may lead to a defendant being charged with more than one of the sex crimes, therefore, the penalties could be cumulative.
In order to better understand the nuances and differences of these sex crimes, it is advisable to seek counsel from an experienced criminal defense attorney in Upland. The more information you learn about these sex crimes, the better you can build your defense to avoid going behind bars.
What are the Requirements From Sex Offenders?
Since 1947, California has required the registration of sex offenders. It was the first state in the U.S. to do so. Convicted sex criminals are required to register as sex offenders for the rest of their lives:
1) Every year, within five (5) working days of their birthday and;
2) Every time they change their address, within five (5) working days of the date when they move.
➢Penalties: Failure to register will carry a potential state prison sentence of sixteen (16) months, two (2) years or three (3) years.
Is there any legal strategy that may absolve me from sex crime charges?
There are good defenses to sex crime charges. Some examples are consent of the other party, mistaken identity or misinformation about the age of the other party, or even false accusations. A strong defense strategy may be built by an experienced criminal defense attorney in California. One of the best criminal defense attorneys in Upland is Marc Grossman. He may help you lower your sentence or possibly avoid conviction, altogether. Call the Law Offices of Marc Grossman for a free initial assessment of your case. Do not delay because your freedom is at stake!