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California Sex Offender Sentencing Guidelines
Being accused of a sex crime is an extremely serious matter, and you need to be familiar with California sex offender sentencing guidelines and the potential penalties. A sex crime lawyer San Diego can prep you for the case better if you are already familiar with both the terms associated with different sex crimes, as well as the sentencing guidelines for them.
Penalties for indecent exposure
First, we will cover all the potential penalties related to misdemeanor sexual offenses. If found guilty of indecent exposure, you can face the penalty of up to six months in the county jail, and a maximum court fine of $1,000. Also, you will face summary probation and will be registered as a sex offender in the state of California for life.
Penalties for lewd conduct
Another misdemeanor, the maximum jail sentence is six months in the county jail, with a maximum court fine of $1,000. The potential sentences when found guilty are identical to those for indecent exposure, and you will also have to undergo summary probation.
Penalties for rape
Since all potential penalties for misdemeanor sex crimes that follow California sex offender sentencing guidelines are almost identical, let’s see what the possible penalties for more serious sex crimes, or felony sex crimes, are.
When it comes to felony rape, if found guilty, you face a prison sentence of three to eight years and a maximum fine of $5,000. You will also receive formal probation and will have to be a lifetime registered sexual offender.
However, the penalties for felony sex crimes can be even more serious, depending on the circumstances of the crime. This is where sentencing enhancements come into play.
If there are aggravating circumstances present in the sex crime committed by the prosecuted, the court can choose to further increase the penalties.
If the rape victim was a minor, the prison sentence can be increased to seven to thirteen years in a state prison. If there are severe body injuries on the victim, three to five additional years can be added to the sentence, with the maximum fine increased to $10,000.
Pandering and pimping penalties
Pandering and pimping are also felony sex crime with the possibility for their sentence to be enhanced due to aggravating circumstances. The prison sentence ranges from three to six years, and the court fine can be as much as $5,000, with mandatory formal probation.
However, if the defendant is found guilty of pandering or pimping a minor, the maximum prison sentence is lengthened to a maximum of eight years, with the maximum court fine of $10,000. Lifetime sex offender registration in accordance with PC 290 is also mandatory in this instance.
Misdemeanor and felony sexual battery penalties
As sexual battery is considered a wobbler sex crime, California sex offender sentencing guidelines state that there are different penalties for felony and misdemeanor sexual battery.
In order to decide whether the sexual battery crime will be tried as a felony or a misdemeanor, the court takes into consideration previous criminal history and the physical state the victim was in at the time.
Misdemeanor sexual battery penalties are six to twelve months in the county jail, summary probation, lifetime sex offender registration and a $2,000 maximum court fine.
If tried and found guilty of sexual battery as a felony, the penalties are also more serious. Defendants found guilty of this crime face one to four years in prison, formal probation, sex offender registration and a maximum court fine of $10,000.
Sex offender registration
Finally, let us take a look at what sex offender registration consists of, that is what crimes require mandatory registration and what information registered sex offenders must provide to the authorities.
PC 290 states that the individuals convicted of these sex crimes have to be registered as sex offenders pursuant to the California sex offender sentencing guidelines. These crimes include murder committed while performing a sexual offense, forcible rape, sodomy, assault intended to commit sodomy, rape, or oral copulation, spousal rape, sexual battery, pandering and pimping, prostitution, child pornography and molestation, solicitation, and indecent exposure.
As for the information a registered sex offender must provide, in includes the physical characteristic of a sentenced offender, date of birth, name and know aliases, ethnicity, description and code of the offense, the year of conviction and the year of release, and the last known address.
We know the California sex offender sentencing guidelines back and forth
In order to secure the best possible defense if accused of a sex crime, first get familiar with the terms and the guidelines, and then seek help. Vik Monder of Monder Criminal Lawyer Group is the best defense lawyer for sex crimes in the San Diego area. If you need professional legal help, contact us today!
