Sex Crimes

Crimes involving sexual activities are referred to as sex crimes in California. They can either be misdemeanors or felonies, depending on the law and the facts surrounding the particular case. In California, all sex crimes are serious offenses that require serious court actions and investigations.

Sex crimes charges could cause a huge stigma and wreak havoc in different aspects of your life. That's why you have to seek the help of an attorney with an in-depth knowledge of sex crimes to stand a chance of dismissing or reducing your charges. Schedule an appointment with the California Criminal Lawyer Group, and let's help you protect your reputation if facing a sex crime charge in Fresno, CA.

Definition of Sex Crimes in California

In California, sex crime involves any misdemeanor or felony crime of a sexual nature. These crimes include anything from simple actions like grabbing another person's genitals to publicly annoy them to aggravating acts like forcible rape. Below are some of the common types of sex crimes in California.

California Penal Code 261, Rape

Under California Penal Code 261, rape is defined as the crime of having non-consensual sexual intercourse with another person by using threats of force, force, or fraud. Under this statute, sexual intercourse refers to any form of penetration, no matter how slight it is, into the vagina or genitalia by the penis. Ejaculation isn't necessarily required to consider this act as sexual intercourse.

You should also note that when a person changes his or her mind during an initially consented intercourse, that person has not consented to the action if you decide to proceed with it. In this case, you will commit this act without consent if:

• The alleged victim communicates to no consent via specific actions or words to you.
• A reasonable person would have understood that the actions or words from the alleged victim meant that there is no consent to continue with the action.
• You forcibly continued with the act despite the objection.

Physical force is not required as a means of objecting to the act of sexual intercourse. The mere actions and words directed to opposing the actions prove that there was no consent to the action.

Penalties for Rape in California

Rape is a felony crime in California punishable by a maximum of eight years in custody in the state prison and formal or felony probation. Defendants can also face three to five years of imprisonment if the alleged victim suffered significant bodily injury. Prison time can also be increased to a maximum of 11 years if the alleged victim was a child below 18 years and to a maximum of 13 years if the alleged victim was a child below 14 years.

Additionally, the court will impose a lifetime sex offender registration as part of your conviction.

California Penal Code 261.5, Statutory Rape

California Penal Code 261.5 is the statute that makes statutory rape a crime in California. This statute defines statutory rape as having sexual intercourse with a child below 18 years old. It makes it illegal to have sex with a minor even when a minor consented or initiated the action.

You should note that being married to a minor doesn't excuse the liability of this offense. Additionally, the prosecution doesn't need to prove that you used force to accomplish sexual intercourse when prosecuting you for this crime. This makes a striking contrast to rape charges, in which the alleged victim's lack of consent to intercourse is the key element that differentiates these two crimes.

Penalties for Statutory Rape in California

Statutory rape is a wobbler in California. You can face either a misdemeanor or a felony based on the following three circumstances:

• When you're less than three years older than the alleged victim, you'll be charged with a misdemeanor.
• When you are more than three years older than the alleged victim, you can be charged with a misdemeanor or a felony.
• When you are twenty-one years older than an alleged victim who's under 16 years, you'll be charged with a misdemeanor or a felony. These penalties are steeper than the situation described above.

When your charges fall under the second and third scenarios above, the prosecutor will look at the facts of the case and your criminal history to determine whether to charge you with a misdemeanor or a felony.

California doesn't apply the Romeo and Juliet Law. Under this law, it's legal for a minor to have sex with another party of the same age. In California, it's always illegal to have sexual intercourse with a child, even when both parties are children. This offense is charged as a misdemeanor if both parties don't have an age gap of more than three years. 

1. Misdemeanor Penalties for Statutory Rape

Misdemeanor statutory rape in California is punishable by:

• Misdemeanor or informal probation.
• A maximum of one year of custody in county jail.
• A maximum fine of $1,000.

2. Felony Penalties for Statutory Rape

Felony statutory rape in California is punishable by:

• Formal or felony probation with one year of custody in county jail.
• 16 months, two years, or three years in custody.
• 2, 3, or 4 years of custody in county jail if the defendant was 21 years and the alleged victim was below 16 years.
• A maximum fine of $10,000.

California Penal Code 243.4, Sexual Battery

Under Penal Code 243.4, sexual assault or battery is defined as touching another person's intimate part, against that person's will, to gratify yourself sexually, arouse, or abuse that person. Under this statute, "touch" implies making contact with the alleged victim's intimate part directly or through that person's clothing.

Penal Code 243.4 defines an "intimate part" as a female's breast or anyone's sexual organ, buttock, anus, or groin.

This statute also addresses other forms of aggravated forms of sexual battery. These aggravated forms of sexual battery are as follows:

• Restraining the alleged victim unlawfully to commit an act of sexual battery or allow another person to commit an act of sexual battery.
• Institutionalizing the alleged victim for medical treatment and seriously disabling or incapacitating the alleged victim to engage in the act of sexual battery.
• Representing your intention to engage in the act of sexual battery as a professional purpose to keep the alleged victim unaware of the act.
• Making the alleged victim masturbate or touch your intimate part or parts of an accomplice.

Penalties for Sexual Battery in California

You can face a misdemeanor or a felony conviction for sexual battery based on the circumstances of your case. Misdemeanor penalties apply if your crime involves touching another person's intimate part, against that person's will to gratify yourself sexually, arouse, or abuse that person, and none of the above-listed aggravating factors apply.

A misdemeanor sexual battery conviction carries the following penalties:

• A maximum of six months of custody in county jail.
• A maximum fine of $2,000 or a maximum of $3,000 if the alleged victim is your employee.
• Summary or informal probation for a maximum of five years.

Please note that the summary probation may include any of the following:

• Completion of a batterer's education program.
• Community service.
• Completion of a program that's designed to help people with sexual compulsion issues or abuse.
• Registration as a tier one sex offender for at least ten years.

Sexual battery is a wobbler if any of the above-stated aggravating factors apply. This means that the court might convict with the penalties stated above, except that the maximum custody in county jail increases to one year

A felony sexual battery conviction carries the following sentences:

• Formal or felony probation.
• 2,3, or 4 years of imprisonment.
• 3 to 5 years of custody in prison if the alleged victim sustained significant physical injury.
• A maximum fine of $10,000.
• Lifetime registration as a tier-three sex offender.

California Penal Code 314, Indecent Exposure

California Penal Code 314 defines indecent exposure as willfully exposing your genitals or a naked body to offend or annoy another person. You can also be prosecuted under this statute if you intended to gratify yourself or someone else through your action sexually. 

"Exposing" yourself means revealing your naked body, while "exposing your private parts" refers to showing your bare genitals. Therefore, revealing your underwear or your bare female breast for sexual purposes or breastfeeding doesn't count as indecent exposure.

Penalties for Indecent Exposure in California

Indecent exposure is a misdemeanor offense for first-time offenders. A simple misdemeanor carries the following penalties:

• A maximum of six months of custody in county jail.
• A maximum fine of $1,000.
• Registration as a sex offender for a minimum of ten years.

An aggravated indecent exposure is a wobbler in California. You can commit an aggravated indecent exposure if the exposure occurred in an inhabited building, trailer, and you entered that place without permission.

A misdemeanor conviction for aggravated indecent exposure carries the same consequences as the one described above. However, the maximum county jail sentence increases to one year. Felony aggravated indecent exposure carries the following penalties:

• 16 months, two years, or three years of imprisonment.
• A maximum fine of $10,000.
• Registration as a sex offender for at least ten years.

You can still face a felony conviction and face the above consequences if you are convicted for a second or subsequent indecent exposure or have a prior sentence for a lewd act with a child.

California Penal Code 647(b), Prostitution or Soliciting Prostitution

Penal Code 647(b) makes it a crime to engage in prostitution or soliciting prostitution. Prostitution refers to paying or accepting money or anything of value in exchange for a sexual act. Therefore, this statute applies to both prostitution and the customers.

Soliciting refers to requesting another person to engage in prostitution with you. The prosecution will determine who's the customer and prostitute based on who initiated the interaction. To be guilty of solicitation, you must prove that you intended to engage in prostitution. The intent is shown by payment of money or other valuables in exchange for sex.

However, you should note that the other party does not necessarily have to share the same intention to be charged with solicitation of prostitution. For instance, you could still be charged if the target person wasn't a prostitute, is an undercover cop, or that person didn't agree to the proposed transaction as long as there prove of intention to engage in prostitution.

You should also note that some actions that seem potentially innocent prove as an intent to solicit prostitution. For instance, acts like:

• Being present at a location that's known for prostitution.
• Waving at a passing car.
• Standing at the street corner in a miniskirt.
• Nodding to a stranger.

Penalties for Prostitution in California

Prostitution in California is always a misdemeanor. The specific type of punishment for prostitution depends on whether this is your first or subsequent offense and where the violation took place. A first-time offense carries a maximum of six months in county jail and a maximum fine of $1,000.

If you have a prior prostitution conviction, the potential penalties are as follows:

• At least 45 days in county jail for a second offense.
• A mandatory of 90 days of custody in county jail for a third or subsequent offense.

The penalties for prostitution or soliciting in California increase if you commit the crime while using a vehicle or within 1,000 feet of a residence. This might attract a suspension of your driver's license for a maximum of 30 days and the issuance of a suspended license for a maximum of six months.

California Penal Code 288.5, Continuous Child Sexual Abuse

Penal Code 288.5 makes it a crime for a person living with a child below 14 years to engage in three or more instances of sexual abuse within three months or longer. Under this statute, sexual conduct refers to masturbation, oral copulation, or penetrating a child's rectum or vagina. Defendants for this crime can accomplish penetration through another person's penis or a foreign object.

Penalties for Continuous Child Sexual Abuse in California

Continuous sexual abuse is a felony offense in California punishable by a maximum of 16 years of imprisonment. This offense also counts as a strike under California's three-strike law. Further, a conviction under this statute imposes a lifetime registration as a sex offender.

California Penal Code 647(a),Lewd Conduct in Public

Penal Code 647(a) defines lewd conduct as touching another person's genitals, female breasts, or buttocks for sexual gratification, knowing that the target person or people present would be offended by the action. This statute also makes it a crime to solicit lewd conduct in public.

Violation of this statute must include lewd conduct that occurs in a public place, a place that's open to the public, or a private place that's open to public view. Some of the areas that fall under these categories include:

• A car that's parked on a public street.
• A private adult bookstore re movie booth.
• Common hallways in an apartment building.
• A massage parlor.

A private area that's open to the public would possibly be a hotel room, your place of business, or a hotel room, where the curtains or blinds are open, making it possible to see activities that are happening inside.

You should note that the prosecutor must prove that the third party was offended in a prosecution under this statute. Therefore, California courts only require the likelihood of someone else to be offended when you engage in sexual activity since it's not inherently illegal to engage in sexual activity in public in California.

Penalties for Lewd Conduct in Public in California

Lewd act in public is a misdemeanor in California with potential punishment like:

• A maximum of six months of custody in county jail.
• A maximum fine of $1,000.

Judges usually grant informal or summary probation with little or no jail time in a misdemeanor conviction for this crime. However, you must adhere to several conditions such as:

• Counseling.
• Fines.
• Undergoing an AIDS test.
• Staying away from the location of your arrest.

California Penal Code 288, Lewd Acts with a Child

Penal Code 288 defines child molestation or lewd and lascivious acts on a minor as touching a minor below 14 years to satisfy yourself sexually. You can be charged for this crime if you willfully touch the child's body or cause the child to touch his or her own body, your body, or another person's body.

Actual arousal is not required to charge someone under this statute. The key element of charges under this statute is to cause arousal or satisfy your sexual desire.

Penalties for Lewd Act with a Minor

The penalties for a lewd act with a minor in California depend on the child's age, whether the defendant used threats or force, and the defendant's criminal history. Here is a breakdown of the penalties for each of these scenarios.

1. Penalties for Lewd Act with a Minor below 14 Years without Force or Threat

A lewd act with a minor below 14 years is a felony offense in California, even when the defendant didn't use force or threat. The potential penalties include:

• 3,6, or 8 years of imprisonment.
• A maximum fine of $10,000.

The judge might grant you probation with a maximum of one year in county jail as part of the conviction. However, the sentence still counts as a felony sex offense.

2. Penalties for Lewd Act Involving Force or Threats Against a Child Below 14 Years

A lewd act against a minor below 14 years is accomplished by violence, force, coercion, or threats. The potential penalties include:

• A maximum fine of $10,000.
• Imprisonment for 5, 8, or 10 years.

3. Penalties for a Lewd Act that Results in Physical Harm to a Minor Below 14 Years

California has established several statutes for punishment for a lewd act if a child is harmed. These statutes are as follows:

• Penal Code 667.61(d)(7) – 25 years-to-life for inflicting harm on a victim below 14 years.
• Penal Code 288(i) – Life sentence for personally inflicting physical harm on a victim below 14 years.
• Penal Code 12022.8 – 5 years of sentence enhancement for inflicting substantial physical injury.

4. Penalties for Second or Subsequent Lewd Act on a Minor

Apart from the prosecution under Penal Code 288, having a prior sex crime conviction will have you prosecuted as a California's habitual Sexual offender. A habitual sex offender faces a sentence of 25 years to life in state prison.

California Penal Code 287, Oral Copulation by Force

Penal Code 287 defines oral copulation by force or fear as using force, violence, menace, or coercion to make contact between one person's mouth and the sexual organ or anus of another without that person's consent.

You can also face charges under this statute when:

• You orally copulate with a person who is too intoxicated to resist the action.
• You orally copulate with an unconscious person.
• You orally copulate with a person who is mentally disabled or has a physical disability.

Penalties for Oral Copulation by Force or Fear

Oral copulation by force or fear is a felony offense in California punishable by:

• Formal or felony probation only if the defendant did the act on a disabled person.
• Imprisonment for 3,6 or 8 years.
• A maximum fine of $10,000.

The potential sentence might increase if the alleged victim was a minor to:

• 6, 8, or 10 years of imprisonment if the alleged victim was 14 years or older.
• 8,10, or 12 years of imprisonment if the alleged victim was under 14 years.

Oral copulation by force or fear, done together with another person (done in concert), carries the following penalties:

• 5,7, or 9 years of imprisonment if the victim was not a minor.
• 8,10, or 12 years if the victim was a minor who was 14 years or older.
• 10, 12, or 14 years if the victim was a minor below 14 years.

Additionally, a conviction under Penal Code 287 requires lifetime registration as a tier three sex offender.

Find a Reliable Sex Crime Attorney Near Me

If you're accused of a sex crime, it's recommendable to hire a qualified Fresno sex crime attorney to start the defense process. Failing to seek professional legal help may have you falsely accused and convicted of horrific offenses. An experienced sex crime defense attorney knows how to meticulously investigate and scrutinize every aspect of your case to reduce or dismiss the charges made against you. Contact the California Criminal Lawyer Group today at 559-712-8377 for a detailed review of your case and learn how we can help you.