San Diego Sex Crimes Lawyer
Sex Crimes in San Diego
Sex charges are difficult to bear because the social stigma that they carry from the moment an investigation begins. At Monder Law Group we work off the notion that you are innocent until proven guilty. We firmly believe that it is our responsibility as defense attorneys to hold the prosecution accountable for their burden, beyond a reasonable doubt. The problem is that society does not. The moment a person is accused of a sex offense, right away everyone assumes the person is guilty. This is due to the role of the victim in sex offenses, everything gets told from only their perspective. If you are facing charges for a sex offense, know that you have a voice and a right to tell your truth. Call Attorney Vik Monder immediately at (619) 405-0063 to learn how to make sure your side of the story is heard!
What are sex crimes in California?
Sex crimes in California consist of unlawful sexual conduct that can range from misdemeanor to felony offenses. Misdemeanors are less serious offenses that are typically punishable by no more than one year in county jail, fines and informal probation. Felonies are the most serious of charges, these offenses are punishable by terms of incarceration in state prison ranging anywhere from 1 year to life in prison. The California penal code determines the penalties and establishes a range of possible sentences depending on the conviction. Wobblers are offenses that the issuing attorney at the District Attorney’s Office has discretion to file as a either a misdemeanor or a felony depending on the victim and the defendant’s criminal history.
Misdemeanor Sex Crimes
- Indecent Exposure
- Solicitation
- Prostitution
- Improperly Touching a Child
- Lewd Conduct
Wobbler Sex Crimes
- Sexual Battery
- Statutory Rape
- Illegal Acts of Sodomy
Felony Sex Crimes
- Child Pornography
- Forcible Rape
- Spousal Rape
- Date Rape
- Pimping and Pandering
Sex Crimes: Prosecution’s Burden of Proof
- The defendant willfully and unlawfully performed;
- An unwanted sexual act;
- Without consent;
- With general intent to commit a sex offense.
Penalties for Sex Crimes
California takes sex crimes very seriously and sometimes just a mere allegation by one person can subject another person to a full blown investigation. Each sexual act committed can result in a potential sentence of anywhere from three to eight years in state prison. The sentences for each convicted felony can be added together and cause a defendant to be imprisoned for up to 100 years. It is important to note that a lot of these offenses do not allow for probation and require state imprisonment and lifetime registration as a sex offender. Ultimately, the severity of punishment for sex offenses may vary but they all carry life damaging consequences.
Understanding California Penal Code Section 290
Megan’s law as it is commonly known in California, requires mandatory registration as a sex offender for persons convicted of certain sex crimes. California Penal Code section 290 determines the regulations for registration and the posting categories for registered sex offenders on the Megan’s Law website. Megan’s Law web site was established for local law enforcement agencies to notify the general public about sex offender registrants that may pose a risk. This means that a person charged of certain sexual crimes, if convicted may not only be restricted as to where to live, work, and who to be around but is also at risk of living the rest of their life labeled a sexual predator by the public.
Sex Offender Registration
Under California Penal Code section 290, if you are convicted of specified sex crime, you will be required to register as sex offender with a local law enforcement agency. Prior to your release from prison, you will be notified in writing of your duty to register and a copy of the notification form will be forwarded to the Department of Justice. After your release from prison, the local law enforcement agency will forward your registration information to the Department of Justice and their Sex Offender Tracking Program will be responsible for tracking your current whereabouts, next required update and any violations of your update requirements.
Information Sex Offenders Must Register
The following information will go on a registered sex offender database that the Department of Justice makes available to the general public through Megan’s Law web site.
- Known Aliases
- Date of Birth
- Sex
- Height
- Weight
- Eye Color
- Hair Color
- Ethnicity
- Offense Code
- Description of the Offense
- Year of Conviction
- Year of Release
- Last Known Addresses
- Scars/ Mars/ Tattoos
Sex offender registration is a lifetime duty, a registered sex offender will have to update this information with DOJ annually, within five working days of their birthday and each time they change residence, within five days of the move.
Crimes Requiring Mandatory Sex Offender Registration
PC 290 requires people convicted of the following sex crimes to register as a sex offender in California:
- First and Second Degree Murder committed in a sexual offense
- Illegal Acts of Sodomy
- Forcible Rape
- Kidnapping with intent to commit a sexual offense
- Rape
- Assault with Intent to Commit Rape, Sodomy, Oral Copulation
- False Imprisonment with intent to commit sexual offense
- Sexual Battery
- Spousal Rape
- Pimping and Pandering
- Human Trafficking of Sex Slaves
- Incest
- Child Pornography
- Prostitution
- Child Molestation
- Solicitation
- Indecent Exposure
- Distribution of Harmful Materials to Minors
Penalties for Violations of Sex Offender Registration
Willful violation of California Penal Code 290 if previously convicted of a registrable misdemeanor sex crime will result in a misdemeanor on the first violation. Any violation after that will result in a felony, regardless of the conviction that led to the registration. Likewise, if the person was convicted of a registrable felony sex crime who violates the registration law will be found guilty of a felony.
Q: What is considered indecent exposure in California?
A: Under California Penal Code section 314 indecent exposure is when you willfully and with the purpose of arousing the sexual interest of yourself or another either exposed your person or the private parts thereof, in any public place or in any place where there are present other persons to be offended or annoyed.
Q: What are the penalties for misdemeanor indecent exposure?
A: If you are found guilty of misdemeanor indecent exposure, you could be sentenced to a maximum of six months in county jail, a court fine of up to $1,000, summary probation and a lifetime duty to register as a sex offender in California.
Q: What is considered lewd conduct in California?
A: Under California Penal Code section 647(a) lewd conduct is the touching of genitals, buttocks, or female breast for the purpose of sexual arousal, gratification, annoyance or offense.
Q: What are the penalties for misdemeanor lewd conduct?
A: If you are found guilty of misdemeanor lewd conduct, you could be sentenced to a maximum sentence of six months in county jail, a court fine of up to $1,000 and receive summary probation.
Q: What is the difference between indecent exposure and lewd conduct?
A: Both indecent exposure under Penal Code section 314 and lewd conduct under Penal Code section 647(a) are misdemeanor sex offenses that tend to be charged together. The main difference between the two offenses is that a conviction for indecent exposure pursuant to PC 314 will require sex offender registration in California, whereas PC 647(a) does not require sex offender registration for a conviction of lewd conduct. This is very important to keep in mind when it comes time to negotiate with the prosecution. The deal on the table in these type of sex offense cases tends to be an offer to drop the PC 647(a) charge in exchange for PC 314 conviction. This is not a deal, in effect you would be pleading guilty to the most serious of the two offenses by agreeing to a lifetime of sex offender registration pursuant to Penal Code section 290.
Q: What is considered rape in California?
A: Under California Penal Code section 261 rape is the act of sexual intercourse without consent or against the person’s will. Valid consent will depend on the age and capacity of the victim to consent and existence of consent both prior to and during the sexual intercourse.
Q: What are the penalties for felony rape?
A: Without a valid consent you are looking at a maximum sentence of three, six, or eight years in state prison, a court fine of up to $5,000, formal probation and a lifetime duty to register as a sex offender in California.
Q: What are sentencing enhancements for rape charges in California?
A: An enhancement offense is one whose commission alone increases the penalties for the underlying crime. If you are charged with rape and the victim was a minor, you would be facing a sentence enhancement of seven years to thirteen years in California state prison. Similarly, if you are charged with rape and it resulted in great bodily injury to the victim, you would be facing a sentence enhancement of an additional three to five years in California state prison, a maximum fine of $10,000 and a strike under California’s Three Strikes Law.
Q: What does the prosecution have to prove to apply the sentencing enhancement for the rape of a minor?
A: In order to apply the sentencing enhancements for rape of a minor, the prosecutor in your case must prove beyond a reasonable doubt the elements of the underlying rape and that you knew that the victim was a minor. If you reasonably believed that the victim was over eighteen years old then your sentence cannot be enhanced for the rape of a minor.
Q: What is considered pimping in California?
A: Under California Penal Code section 266(h) pimping consist of soliciting prostitution and receiving compensation for the solicitation of prostitution.
Q: What is considered pandering in California?
A: Under Penal Code section 266(i) pandering is considered encouraging or facilitating prostitution by providing, transporting, or hiring a prostitute.
Q: What are the penalties for felony pimping and pandering?
A: If you are found guilty of felony pimping and pandering, you could be sentenced to a maximum sentence of three, four, or six years in California state prison, a court fine of up to $5,000 and receive formal probation.
Q: What are sentencing enhancements for pimping and pandering charges in California?
A: An enhancement offense is one whose commission alone increases the penalties for the original offense. If you are charged with pimping or pandering of a minor, you would be facing a sentence enhancement of a maximum eight years in state prison, a court fine of up to $10,000, and a lifetime duty to register as a sex offender in California pursuant to PC 290.
Q: What does the prosecution have to prove to apply the sentencing enhancement for the pimping or pandering of a minor?
A: In order to apply the sentencing enhancements for the pimping or pandering of a minor, the prosecutor in your case must prove beyond a reasonable doubt the elements of the underlying felony and that you knew that the victim was a minor. For purposes of this enhancement, it will not matter that you did not know that the person was a minor or believed he or she was over eighteen years old.
Q: What is considered sexual battery in California?
A: Under California Penal Code section 243.4 sexual battery is the unlawful touching of another’s private parts motivated by a desire to sexually arouse or gratify themselves or offend or abuse the other person. It is important that you understand that even touching through a person’s clothes is enough for a conviction for sexual battery.
Q: Is sexual battery considered a wobbler offense in California?
A: Yes, in California sexual battery can be filed as either a misdemeanor or a felony. To make the determination, the prosecution will look to see if you have a prior criminal history and whether the victim was physically restrained, unconscious or mentally incapacitated at the time of the offense.
Q: What are the penalties for misdemeanor sexual battery?
A: If you are found guilty of misdemeanor sexual battery, you could be sentenced to a maximum of six months to one year in county jail, a court fine of up to $2,000, summary probation and a lifetime duty to register as a sex offender in California.
Q: What are the penalties for felony sexual battery?
A: If you are found guilty of felony sexual battery, you could be sentenced to a maximum of two, three, or four years in state prison, a court fine of up to $10,000, formal probation and a lifetime duty to register as a sex offender in California.
Q: What is mandatory sex offender registration in California?
A: Under California Penal Code section 290, if you have been convicted of a specific sex offense, you will be required to register as a sex offender with the local law enforcement. Sex offender registration requires you to provide your known aliases, last known address, date of birth, sex, height, weight, eye color, hair color, scars, marks, tattoos, ethnicity, offense code, brief description of the offense, the year of your conviction and the year of your release. This personal information will go on a registered sex offender database that the Department of Justice makes available to the general public through Megan’s Law web site. Sex offender registration is a lifetime duty, this means that you will be required to update this information with DOJ annually, within five working days of your birthday and each time that you change residence, within five days of the move.
Q: What are the penalties for violations of sex offender registration?
A: If you received a conviction for a registrable misdemeanor sex offense and are later found guilty of a willful violation of California Penal Code section 290, you will receive a misdemeanor conviction for the first violation. Any violation after that will result in a felony conviction. However, if the conviction that led to PC 290 registration was a felony sex offense, then upon your first willful violation, you will receive a felony conviction.
Your Best Defense against Sex Crime Charges in San Diego
Sex crime charges can have far reaching consequences. If convicted you could not only loose your freedom but most sex crimes result in mandatory registration as a sex offender in state and federal registry. This registry is available to the public and will depict you as a sexual predator the rest of your life. Do not let this happen to you! The prosecution’s failure to prove a single element of sex offense beyond a reasonable doubt will be enough to avoid a conviction. You need an aggressive lawyer that will poke holes in the prosecution’s case and fight to get you your life back!
Vik Monder is the go-to San Diego criminal defense attorney, specializing in a variety of cases, from assault and battery, to sex crimes, to military criminal defense.
