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Sex Crimes in California: Legal Definition & Elements of the Offense
Not only in California and not only in the USA – but in the entire world – sex crimes are universally considered as some of the most despicable ones, especially if they are unconsensual and/or involving a minor. Prosecutors, courts, police, the general public – everybody treats these cases with the utmost seriousness.
Due to the severity of many of these crimes, individuals charged with any of these offenses need the help of the best sex crimes criminal defense attorney in San Diego to even stand a chance in court. For all the reasons noted above, it is imperative to understand exactly what constitutes a sex crime in California.
Is California strict on sex offenders?
In short, yes – California has some of the strictest laws in the nation when it comes to sex crimes. Many offenses carry mandatory minimum sentences, courts are known to often impose much harsher penalties than for other crimes in the same severity rank, and even misdemeanor offenses can have lifelong consequences, such as mandatory registration under CA PC §290 (Megan’s Law). Therefore, saying that California is “strict” on sex offenders is a gross understatement.
What is considered a sex crime in California?
While the California legal system does not have a single, unified definition of a “sex crime”, we can extrapolate it from the broader context of California’s Penal Code. To make it easy to understand the elements of the crime, we’ll immediately break the definition down into its core constituents:
- Sex crime is:
- any willful and unlawful sexual act,
- committed with the intent of sexual gratification, arousal, or abuse, and
- by means of force, threats, fraud, or coercion,
- without the consent of the other person,
- involving a minor, or violating public decency laws.
Consequently, the prosecution must prove the existence of these elements beyond a reasonable doubt to secure a conviction.
What are the sex laws in California?
Depending on the severity, age of the victim, use of force, and prior criminal history, sex crimes in California may be classified as misdemeanors, “wobblers”, or felonies. Here’s the list of offenses with brief definitions and governing legislation:
Misdemeanor Sex Crimes
- Indecent exposure (PC § 314): Knowingly exposing one’s genitals in public (or convincing/assisting other to do so) to offend or sexually gratify.
- Solicitation (PC § 647(b)): Offering to engage in lewd conduct or prostitution for compensation.
- Prostitution (PC § 647(b)): Engaging in or agreeing to engage in sexual activity for compensation.
- Lewd conduct in public (PC § 647(a)): Touching oneself or another with sexual intent in a public place.
Wobbler Sex Crimes
- Sexual battery (PC § 243.4): Non-consensual touching of intimate parts of another person for sexual purposes (charged as a misdemeanor or felony depending on the circumstances).
- Statutory rape (PC § 261.5): Consensual sex with a minor under 18 (the severity of the penalties is determined based on the age gap).
- Possession of child pornography (PC § 311.11): Knowingly possessing materials depicting minors engaging in or simulating sexual acts.
- Improper touching of a child (PC § 288 or § 647.6, depending on age and conduct): Committing lewd or lascivious acts with a minor under the age of 14.
Felony Sex Crimes
- Forcible rape (PC § 261): Sexual intercourse without consent, accomplished by force, fear, or fraud.
- Spousal rape (PC § 262): Non-consensual intercourse with a spouse by force or threats.
- Date rape (typically persecuted under PC § 261): A form of forcible rape involving incapacitation (usually via “date rape” drugs) or lack of valid consent.
- Illegal Acts of sodomy (PC § 286): Non-consensual sodomy or sodomy with a minor or disabled person.
- Pimping and pandering (PC §266h – 266i): Profiting from or encouraging someone to engage in prostitution.
- Distribution of child pornography (PC § 311.2): Knowingly distributing, offering to distribute, or enabling others to distribute materials depicting minors engaging in or simulating sexual acts.
It should also be noted that California recently enacted a set of laws specifically focused on digital and AI sex crimes
Where can I find a dedicated sex crimes criminal defense attorney near me in San Diego?
Combating the sex crime charges can be extremely difficult, as the general standard is to treat the defendant as “guilty until proven otherwise”. At Monder Criminal Lawyer Group, we work on the reverse notion – “innocent until proven guilty”.
We have extensive and hands-on experience in all facets of California’s criminal law, and we’re ready to put it all to good use to ensure the best possible outcome of your case. Reach out to us today to schedule an appointment at our offices near Embarcadero Marina Park North and get your free, no-obligation consultation.
