Sex Crimes in California Article provided by San Diego Criminal Defense Lawyer - Law Offices of Elliott Kanter, A P.C.

There are few things that inspire public concern like the abduction (kidnapping) of a young child. People become riveted by the reports on the crime. If the outcome is that the child was sexually abused or raped, the concern turns to outrage. Constituents demand that lawmakers ensure that it never happens again. In response to this kind of pressure, legislators have criminalized more activities and increased the penalties. They have also imposed requirements on sex offenders that extend beyond the completion of a jail sentence and into the future (indefinitely).

In 2006, California voters took matters into their own hands and passed Proposition 83, imposing new restrictions and requirements on sex offenders.

Crimes and the Penalties

Sexual intercourse without the consent of the other party may be considered rape under California law. The punishment for rape can range from three to eight years in state prison. It is considered statutory rape if the other person involved in the sexual intercourse is less than 18 years old. If there is less than three years between the two parties, it is a misdemeanor. If the defendant is more than three years older, the possible punishment includes one year in county jail or three years in state prison. When the defendant is over 21 and the victim is under the age of 16, the punishment may include one year in county jail or up to four years in state prison.

Sexual battery is a crime that involves touching an intimate part of another person if that person is restrained by either the person doing the touching or an accomplice. For this crime, imprisonment may be from one year in county jail up to four years in state prison and a fine may be imposed up to $10,000.

The crimes of oral copulation, sodomy or penetration by a foreign object are only crimes when there is an age discrepancy between the sexual partners. If the victim is less than 18 years old, the penalty can be up to one year in county jail or state prison. If the defendant is over 21 and the victim is less than 16, it is a felony that can be punished by three to eight years in state prison.

Another area of sex crimes involves the use of computers and the internet. It is considered sexual exploitation of a child to exchange or distribute images on a computer of a child, less than 18 years old, engaged in sexual conduct. Conviction of this crime can carry a fine of up to $2,000 and/or a sentence in state prison.

A single act may lead to a defendant being charged with more than one of the sex crimes, therefore, the penalties could be cumulative.

Sex Offender Registry

California was the first state in the country to require the registration of sex offenders and has had registration since 1947. Anyone who has been convicted of specified sexual offenses must register as a sex offender. This is a lifetime requirement. The sex offenses that require registration include all the sex crimes listed above and many more.

When a convicted sex offender moves, he or she must register with the authorities within five working days. Someone who fails to meet the requirements of registering as a sex offender may be charged with a separate offense, simply for failing to register.

This information is made available to the public through the internet. This type of information may follow a person for the rest of his or her life and have devastating effects on many areas, including, being admitted to college, getting a job or even making friends or dating.

If you are in a situation where you have been charged with a sex offense, the punishment and consequences may seem onerous and overwhelming. However, it is important to know that there are often good defenses to many of these crimes. For example, for the crime of rape, consent is sometimes a valid defense. For other offenses, mistaken identity or misinformation about the age of the other party is critical evidence in a defense case. That is why it is crucial that if you are facing prosecution, you consult an attorney with experience in this area who can help you to present the most effective case, explain your rights and answer any questions you may have.