Sex Crimes in the State of California

California law punishes all sex offenders very heavily regardless of the sex crime that is alleged to have been committed. It is very important that you have competent, experienced counsel represent you when you are charged with a sex crime.Below lists just a few of the sex charges that we have been successful defending against.

Rape/Statutory Rape

Sexual intercourse without the consent of the other party may be considered rape under California law. The punishment for rape can range from three to eight years in state prison. It is considered statutory rape if the other person involved in the sexual intercourse is less than 18 years old. If there is less than three years between the two parties, it is a misdemeanor. 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 is a crime that involves touching an intimate part of another person if that person is restrained by either the person doing the touching or an accomplice. For this crime, imprisonment may be from one year in county jail up to four years in state prison and a fine may be imposed up to $10,000.

Forced Oral Sex/Penetration

The crimes of oral copulation, sodomy or penetration by a foreign object are only 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.

Computer Sex Crimes

Another area of sex crimes involves the use of computers and the internet. It is considered sexual exploitation of a child to exchange or distribute images on a computer of a child, less than 18 years old, engaged in sexual conduct. Conviction of this crime can carry a fine of up to $2,000 and/or a sentence in state prison.

A single act may lead to a defendant being charged with more than one of the sex crimes, therefore, the penalties could be cumulative.

Sex Offender Registry

California was the first state in the country to require the registration of sex offenders and has had registration since 1947. Anyone who has been convicted of specified sexual offenses must register as a sex offender. This is a lifetime requirement. The sex offenses that require registration include all the sex crimes listed above and many more.

When a convicted sex offender moves, he or she must register with the authorities within five working days. Someone who fails to meet the requirements of registering as a sex offender may be charged with a separate offense, simply for failing to register.