Sex crimes and their laws in California
There are many definitions for sex crimes. However, the most common one is that if somebody is inappropriately touching the intimate parts of another person without taking their consent, it will become a sex crime. Moreover, California laws concerning sex crime indicate that if anyone touches a minor below the age of eighteen to sexually arouse them, it will also be a sex crime. The minors cannot give their consent so it will be punishable by law. Below we will look at the sex crimes in California and the laws revolving around them.
What are sex crimes in California?
Rape refers to sexual intercourse between two individuals in which one individual does not give consent. Among sex crimes in California, rape is similar to a tier two sexual assault will need to register with NSOPW for two years. Date rape or rape will be punishable under California Rape Law or Penal Code 261. Before initiating any kind of sexual activity, it is therefore important to take into consideration the consent of the other individual.
As per Federal Law, rape can cause a threat to the victim and their body. Moreover, being involved in sexual intercourse when the other person is unconscious or under the influence is also rape. Rape is a serious allegation. Therefore, the accused must get an attorney. Also, if they are wrongly accused, they can defend themselves in court.
2. Solicitation with Prostitution
State and Federal Law strictly prohibits the solicitation of prostitution. Also, individuals fined for soliciting prostitution can end up in prison for up to a year. Under the State Law of California, prostitution refers to the engagement in sexual intercourse in terms of approaching anyone in exchange for money. In court, the prosecutive will have to offer substantial evidence to depict that the accused asked for sexual favors on these terms or had sexual intercourse with a prostitute.
3. Molesting a child
There are two types of laws for sex crimes in California against children. This involves laws against continuous sexual abuse and molestation of a child. According to California Penal Code 288.5, continuous child sexual abuse will be if the –
- accused stays in the same home as the child
- accused has access to the child recurrently,
- the child is fourteen years or younger.
In addition, if the accused engaged in lewd conduct with the child three or more times over a time period of three months, then it will be continuous sexual abuse.
Also, it is a crime in California to molest or annoy a child who is less than eighteen years of age. Physical contact is not always essential; words can alone lead to a conviction. The prosecution has to give evidence that the accused engaged in lewd conduct against the child, a person may have been disturbed by the conduct of the defendant and if the motivation behind the conduct was due to an abnormal interest sexually for the child. These kinds of convictions can result in a five thousand dollar fine and one year of jail.
4. Child pornography
The possession, distribution, and production of child pornography are prohibited by state law and the federal law of California. In case you get charged with an offense against child pornography, the prosecution will charge you with a misdemeanor or felony, depending on the facts of the case. It will be a felony if there are images of that kind in your possession, a prior similar conviction, the status of a registered sex offender, and specific acts in those images.
Moreover, for a misdemeanor, the accused can end up jailed for one year in the county jail, resulting in a fine of around two thousand five hundred dollars, registration in the form of a sex offender for a lifetime, along with community service. For a felony, there will be imprisonment in the state prison. If there are any aggravating circumstances, one can end up spending six years in jail in the state prison. These include possessing –
- more than six hundred images with ten or more images of prepubescent minors under the age of twelve
- images of minors less than eighteen years of age engaged in sexual masochism or sadism.
What to do when arrested for a sex crime in California?
The first thing that you have to do if you are arrested for a sex crime is to talk to an attorney.
For this, you have to be honest and transparent with your attorney. You can go over all the questions and provide them with all the information that you have. Your attorney will help you deal with these situations.
Authorities can make the defendant incriminate themselves by feeding the questions to the victim. They will then make the victim call the defendant, to which they have a right. Because of this, you must be honest with your attorney, as whatever you say to an attorney will not be disclosed.
Sex crimes in California can lead to one year of imprisonment and a heavy fine. In some aggravating circumstances, it can lead to six years of imprisonment. Sex crimes generally involve the engagement of sexual intercourse with someone without their consent. These can include lewd conduct against a child, molestation, child pornography, and soliciting for prostitution.
Since sex crime is a serious offense, the person accused can be convicted as a sex offender for the rest of their life. Due to this, if someone is accused, they must reach out to an attorney and remain completely honest with them. The victim must present substantial evidence of the abuse to the court. If you are a victim and are looking for some justice, you can contact Skbesq.com. Here, you can find several eligible attorneys who can help with your case.