California Sex Crimes Laws
Many different laws in California fall under the umbrella of “sex crimes.” They include felonies and misdemeanors, but every sex crime conviction is serious. Apart from the social stigma of being labeled as a sex offender, many sex crime convictions trigger a sex offender registration requirement.
Rape is among the most serious California sex crime offense. In 2014, about 650 rapes and attempted rapes were reported in Orange County while about 440 were reported in Riverside County. Los Angeles County had the largest number of rapes and attempted rapes (more than 2,200) while San Diego County had more than 700.
Randy Collins understands that reported crimes are not the same as actual crimes. He knows that many accusations of sexual assault are false. Many innocent individuals are accused of sex crimes they did not commit. Only a vigorous defense can save the innocent from the devastating consequences of an unjust sex crime conviction.
The Law Offices of Randy Collins represents individuals accused of sex offenses throughout Southern California. To make an appointment for an evaluation of your sex crime charge, call The Law Offices of Randy Collins at (888) 250-2865.
Sex Crime Laws in California
The Law Offices of Randy Collins represents individuals’ accused of all California sex crime laws, including:
- Rape (California Penal Code 261 PC). A rape consists of having sexual intercourse with another person without that person’s consent.
- Spousal Rape (California Penal Code 262 PC). Marital rape occurs when a spouse engages in sexual intercourse with his or her marital partner without that person’s consent.
- Oral Copulation by Force (California Penal Code 288a PC). Using force, violence, or threats to induce another person to engage in an act of oral sex is a California felony.
- Sex Act with a Child under the Age of 10 (California Penal Code 288.7 PC). If the crime involves penetration, the minimum sentence is 25 years. If the crime involves oral copulation, the minimum sentence is 15 years. In either case, the maximum sentence is life.
- Child Pornography (California Penal Code 311 PC). Possession, distribution, and production of child pornography are all felony offenses.
- Statutory Rape (California Penal Code 261.5 PC). Statutory rape is an act of sexual intercourse with a person under the age of 18 to whom the accused is not married. The crime is committed even if the minor consents to or initiates the intercourse. The offense is a misdemeanor if the accused is no more than 3 years older than the minor. Otherwise, the offense can be charged as a felony. Penalties are more severe if the minor is under the age of 16 and the accused is 21 or older.
- Lewd Acts with a Child (California Penal Code 288 PC). Touching a child who is 15 or younger for the purpose of sexual gratification will usually be charged as a felony.
- Sexual Battery (California Penal Code 243.4 PC). Sexual battery consists of touching another person’s intimate parts (genitalia, buttocks, or female breasts) for the purpose of sexual gratification or abuse without that person’s consent. The offense is generally a misdemeanor, but it can be charged as a felony under some circumstances (for example, if the victim is disabled or restrained).
- Indecent Exposure (California Penal Code 314 PC). The unwelcome exposure of genitals to another person for the purpose of sexual gratification or abuse can be charged as an indecent exposure.
- Lewd Conduct in Public (California Penal Code 647 PC). Closely related to indecent exposure, lewd conduct in public occurs when someone engages in an act involving the public touching of genitals, buttocks, or female breasts with knowledge that someone else is present who might be offended by the conduct. Having sex in a public place is the conduct that normally results in the charge.
- Prostitution (California Penal Code 647(b) PC). Prostitution involves an exchange of sexual favors for money or something else of value. Both parties in the transaction can be charged with the crime. Offering (soliciting) or agreeing to exchange sex for money is also a crime, even if the sex act is never completed. Acting as a middleman in a prostitution transaction may violate related laws against pimping and pandering. Other related laws include loitering to commit prostitution and supervising a prostitute (usually by managing a business that makes prostitutes available to clients).
Although these are among the most commonly charged sex offense laws in Southern California, this list is not comprehensive. Other sex crimes, as well as variations of the crimes described above, are also defined by California’s Penal Code.
California Sex Crime Defense
Innocence is always a defense to a sex law violation. False accusations of sex crimes are made for a number of reasons. Some result from spite or jealousy. Others are based in shame (some accusers find it easier to cry rape than to admit to cheating on a spouse or lover). Child sexual assault accusations are often the result of coaxing children to make a false accusation in order to gain an advantage in custody proceedings. Identifying the motive for a false accusation is one key to winning a sex offense trial.
Other defenses, including mistaken identity, misperception of the facts, and lack of intent depend upon the specific crime alleged and the evidence the prosecution will rely upon to prove the crime. Most sex crime defenses begin with undermining that evidence to create reasonable doubt about the guilt of the accused.
With years of experience as a California sex crimes defense attorney, Randy Collins realizes that many people accused of sex offenses are innocent. To discuss the defense that will give you the best chance of winning a dismissal or acquittal in your case, call The Law Offices of Randy Collins at (888) 250-2865. We represent individuals accused of sex crimes in all Southern California courts.