Various California laws fall under the wider scope of sex crimes. Whether filed as a felony or misdemeanor, a guilty verdict for a sex offense is severely penalized. Apart from prison incarceration and the payment of hefty fines, you will face stigmatization, particularly when you have to register as a sexual predator once you are discharged from prison. Below are the various California sex crimes and their penalties.

Sex Crimes Legal Definition

A sex crime refers to any crime committed involving unlawful sexual behavior. The severity of these crimes varies based on the law, with some being filed as misdemeanors and others as felonies, contingent on the crime’s nature and your criminal history. Every conviction for a sex offense is severe and attracts harsh penalties that are life-changing. The legal penalties include years of incarceration and other court conditions that impact your life.

Similarly, California sex offenses are associated with social humiliation that destroys your social life. The conviction severely hurts your personal and professional relationships. Even after completing your sentence, the disabilities associated with the conviction will still follow you. You must enlist as a sexual predator if the court imposes the obligations as part of your sentencing conditions. You must report to the local authorities and register. When you do, your name and residence will be accessible to the public on the Megan’s Law website. The information will be accessible to the public online because the law requires the public to be informed about registered sexual offenders in their area so they can take the necessary measures.

The social stigma and embarrassment that come with a guilty verdict and being a sex predator registrant are among the reasons you should vigorously contest any sex offense charge. You must hire an experienced lawyer to craft defense strategies and prevent a guilty verdict by all means.

Not everyone charged with a sex offense is guilty. Unfortunately, society tends to believe the worst about individuals who face the charge, not knowing that these accusations are not always as straightforward as the prosecutor makes them appear. For this reason, your lawyer must raise the issue of consent, the credibility of the accuser’s testimony, and their character to prevent a wrongful conviction.

With authorities taking strict measures to reduce sex crimes in the state, it is easy even for the jury to be biased against the defendant because of the social stigma targeting alleged sex offenders. You do not deserve condemnation until all the facts of the case are proven and the court issues a guilty verdict against you. Hiring an experienced attorney will ensure that your rights are protected and that you are not wrongfully sentenced for a sex crime. Below is information on common California sex crimes and how they are penalized.

California Rape

According to PEN 261, rape refers to having sexual contact with an individual against their will or without their permission. Sex intercourse under this statute means penetration of the vagina or genitalia by a penis. You will face the charges regardless of how slight the penetration was or whether or not you ejaculated.

The use of physical force or violence to hold a person down or harm them when they attempt to resist is the primary scenario of rape highlighted under PEN 261. Precisely put, rape is the non-consensual sexual conduct by an individual against another, accomplished through fraud, force, threat, or when the target is unconscious or unable to consent to the act.

Rape is not always about the use of force. You can face charges for participating in sexual contact with an unconscious person.

A PEN 261 violation is a felony. If the court issues a guilty verdict against you, you will be sentenced to 36, 72, or 96 months in prison. Additionally, the law requires you to enroll as a sex offender registrant forever. Besides, you will face sentence enhancement if the victim is underage. The court imposes an extra 36 to 60 months if the victim of the PEN 261 breach obtains substantial bodily injuries.

Additionally, a conviction for rape will add a strike to your record, meaning that the court will double your penalties if you are convicted of a subsequent serious felony. You risk life imprisonment if you add a third strike to the record.

When the victim of the rape is younger than 13, you risk, at most, thirteen years of prison incarceration. However, when the target is 14 to 17, your prison sentence will be eleven years.

You should understand that if you commit rape with physical force or your victim suffers substantial bodily harm, you will be ineligible for formal probation in place of the jail term.

Several sex offenses fall under the rape category. These are:

Spousal Rape

Otherwise called marital rape, spousal rape refers to the act of engaging in sexual penetration with your spouse without their consent. Per PEN 262, rape in marriage happens when you engage in sexual intercourse under the following circumstances:

  • You use force, coercion, threats of bodily harm, or sexual abuse.
  • The victim, who is your spouse, is incapable of resisting your advances because of narcotics, medication, or alcohol.
  • The victim is passed out.
  • You threaten to harm or kill the victim if they do not agree to the sexual penetration.
  • You compel the victim to believe that you are a public official and will apprehend, deport, or imprison them if they do not agree to the act.

If the DA can prove the above facts, the judge will find you guilty of marital rape. The offense is a felony, and a guilty verdict will result in state prison incarceration for no more than eight years and financial court fines of at most $10,000.

You should also know that marital rape is also a form of domestic abuse. Therefore, you risk additional penalties for rape and domestic abuse if your case’s circumstances satisfy the facts of both offenses.

Statutory Rape

Per PEN 261.5, statutory rape means participating in sexual interactions or intercourse with any party who is not your spouse and is under 18 years old. The law is not concerned with whether the minor consented to the act or initiated it because, in the eyes of the law, underage persons are incapable of voluntarily agreeing to sex.

During prosecution, the DA should show that:

  • You engaged in sexual penetration.
  • You were not married to the purported victim at the time of the sexual conduct.
  • The accuser was younger than 18 at the time.

The DA is not required to show you applied force or the victim did not consent, like in ordinary rape. The court only focuses on the age of the participants in the act.

It is worth understanding that you will face the charges even if you are both minors. However, in California, prosecutors do not focus a lot on cases where teenagers engage in sexual contact with other teenagers. However, this should not mean that teenagers cannot face charges.

Statutory rape is chargeable as a wobbler. You will face misdemeanor penalties if you are 36 months older than the alleged victim. If you are 36 months of age or older, you will face misdemeanor or felony penalties. And when you are over 21, and the target is under 16, you risk felony charges.

A misdemeanor statutory rape count attracts informal probation, no more than twelve months in jail, and court fines not exceeding $1,000 upon conviction.

A felony sentence attracts misdemeanor or formal probation with at most twelve months in jail. Again, you risk 16, 24, or 36 months of prison incarceration. The penalties will be increased to 24, 36, or 48 months if you are over 21 and the victim is younger than 16.

Lastly, statutory rape is a crime of moral turpitude, meaning that if you are an alien, a conviction will lead to deportation.

Forcible Penetration by Using a Foreign Object

Also called sexual penetration through physical force or intimidation, forcible contact with a foreign object is defined by PEN 289 as the sexual penetration of the vagina or anus, no matter how slight the penetration is, utilizing a foreign object like a finger or a sex toy through force. A PEN 289 violation is a felony whose conviction attracts 36, 72, or 96 months of prison incarceration and a hefty court fine of $10,000.

Date Rape

As the name suggests, date rape is the non-consensual sexual intercourse that happens between people who are dating or meeting up on a date. The penalties for the offense are the same as those for PEN 261 rape.

Indecent Exposure

Per PEN 347, indecent exposure is the deliberate exposure of your genitals to other individuals to offend them or for sexual satisfaction. When prosecuting the crime, the prosecutor must demonstrate that:

  • You deliberately exposed your genitals.
  • You did so in the presence of a party that is likely to feel offended.
  • You aimed at directing the public’s attention to your private parts for sexual gratification.

If it is your first offense, the crime is a misdemeanor whose guilty verdict attracts at most half a year in jail and court fines of no more than $1,000. Also, the judge will require you to enroll in the Megan’s Law Site as a sexual predator registrant for ten years.

When the prosecutor charges you with an aggravated PEN 347 violation, you risk felony or misdemeanor charges. The misdemeanor penalties are the same as those of a first PEN 347 violation. On the other hand, felony penalties include:

  • 16, 24, or 36 months of prison incarceration.
  • Sex predator registration for more than ten years.
  • Court fines of at most $10,000.

Prostitution and Solicitation

PEN 647(b) defines prostitution as:

  • Paying or obtaining money, services, or other valuable items for sex.
  • Offering to participate in prostitution.
  • Agreeing to engage in prostitution.

PEN 647(b) applies to prostitutes and their clients. Per the law, when both parties commit a lewd act, they can both face prostitution charges.

If it is your first offense, a conviction will result in at most six months of incarceration and $1,000 in court fines. The offense is priorable, meaning a second or third conviction will attract harsher penalties. When convicted of a second prostitution charge, you serve an obligatory jail sentence of at least 45 days. A third conviction will require you to complete a mandatory jail term of at least 90 days.

When the crime occurs in the vehicle, a conviction will further result in suspending your driving privileges for 30 or more days or restricting your privileges for a minimum of six months.

Oral Copulation With a Minor

PEN 288(a) criminalizes consensual oral sexual contact with an underage person. The crime is the same as statutory rape, as it involves participation in sexual conduct with a minor.

The penalties you will face for this violation depend on the minor's age. If the victim is younger than 16 and the accused is above 18 but below 21, the DA charges the offense as a wobbler. A guilty verdict for a misdemeanor attracts informal probation, twelve months of jail incarceration, and at most $1,000 in court fines. The penalties for a felony include formal probation, at most $10,000 in court fines, and 16, 24, or 36 months of prison incarceration.

When the defendant is over 21 and the victim is under 16, a PEN 288(a) violation is a felony punishable by up to 36 months in prison and $10,000 in court fines.

If the victim is younger than 14 and there is an age difference of ten years between you, the defendant, and the victim, you risk penalty enhancement. The judge will increase your sentence to 36, 72, or 96 months in prison.

Lewd Conduct in Public

Lascivious or lewd behavior is the touching of your genitals or someone else’s to annoy another person or for sexual satisfaction.

Asking someone else to expose their genitals in public is also an offense. When the offense happens in public, it violates PEN 647(a), and a conviction will result in at most half a year in jail and financial court fines of no more than $1,000.

Child Molestation

Per PEN 288, it is a crime to touch a minor 14 or younger for sexual purposes. The offense is also known as a lewd act with a child. For purposes of this statute, lewd or lascivious conduct means touching a minor for sexual gratification or causing a minor to feel themselves for sexual reasons. You will face these charges even if the following is true:

  • The touching of the minor was not for sexual reasons.
  • The contact happened over the minor’s clothes.
  • The minor did the touching.

What makes lewd conduct with a minor a crime is your intention as the defendant to seek sexual arousal or gratification through touching. Also, the prosecutor does not have to show that you were sexually aroused.

The penalties the court imposes for this sex crime depend on many aspects, including:

  • The minor’s age.
  • Whether the conduct was accomplished through force, threats, or coercion.
  • Whether there exists a pattern of lascivious conducts.
  • Whether the victim is 14 or 15 and the age gap between the defendant and the victim is 10.

If you did not use force and the victim is younger than 14, the penalties you will face are:

  • 36, 72, or 96 months of prison incarceration.
  • Formal probation.
  • At most $10,000 in court fines.

When the minor is under 14 and you use force to accomplish the conduct, the penalties are as follows:

  • Five, eight, or ten years of prison incarceration.
  • Court fines of no more than $10,000.

When the victim of the lewd act is a minor under 14 and sustains substantial bodily harm during the offense, the court sentences you to life imprisonment.

If the victim is 14 or 15 and the age difference between the two of you is at least ten years, a conviction for lewd conduct will result in at most 36 months of prison incarceration and a court fine of no more than $10,000.

When the minor is sixteen or seventeen, the lewd act will be prosecuted as statutory rape or sexual battery.

A conviction for lascivious conduct with a child will also result in collateral consequences like loss of professional license, loss of firearm ownership rights, and immigration consequences.

Sex Crime Legal Defenses

A guilty verdict for a sex offense can have lifelong consequences. For this reason, you need a criminal defense lawyer for your case. The lawyer will tirelessly demonstrate to the jury that the accusations against you are false or that your conduct was not willful. The defenses your lawyer will use to contest charges for a sex crime are:

  • You are misidentified.
  • The prosecution lacks sufficient evidence to satisfy the evidentiary standard set for criminal cases.
  • There was no sexual touching between you and the purported victim.
  • You reasonably believed the victim consented to the act.

Mounting these defenses can help prevent a conviction. However, if the defenses are unsuccessful and you are convicted, your lawyer can present mitigating circumstances to reduce the penalties. The mitigating factors include:

  • Asserting that you mistakenly believed your conduct was lawful.
  • You have no criminal record.
  • You paid restitution to the injured party.
  • Your previous performance on probation or parole was acceptable.

Find a Competent Sex Crimes Lawyer Near Me

California heavily penalizes sex crime offenders. However, just because sex offenses are severely punished does not make your case hopeless. With the assistance of an experienced defense lawyer, you can fight the charges to prevent a conviction or for lenient penalties. At the Los Angeles Criminal Lawyer, we can offer legal guidance and representation for any sex offense. Call us today at 310-502-1314 to evaluate your case.