Sex Offenses

AREA OF PRACTICE: Sex Offenses

Sex Offenses in California

In California, sex offenses are aggressively prosecuted by District Attorney's Offices and heavily punished by Judges. They include a variety of criminal sexual behaviors and are typically charged as felonies, though some lesser sex offenses are charged as misdemeanors. Although the penalties for sex crime convictions are severe and can be life changing, there are a number of defenses available that attorney Evan E. Zelig knows how to effectively apply. The following is a list and brief description of some of the most commonly charged California sex offenses.

Internet pornography (otherwise known as sexually exploiting a child) may be charged when an adult knowingly develops or exchanges any data or images that depict a minor engaged in sexual conduct. Advertising or distributing obscene materials or possessing such materials with the same content can also result in criminal charges. See our Internet Crimes page as well.

Lewd or lascivious acts, a violation of California Penal Code section 288 often referred to as "child molestation," may be filed as a felony against an individual who willfully and lewdly commits a lewd or lascivious act with a child under the age of 14 or as a misdemeanor or felony against a person who does so with a child who is 14 or 15 years old if the accused is at least 10 years older than the child.

Rape may be charged when an individual has sexual intercourse with another (who is not the spouse of the accused) either against that person’s will or without that person’s consent. Spousal rape will be charged under the same circumstances when the alleged victim and the accused are married. Statutory rape may be charged under any circumstances where the alleged victim is a minor. Oral copulation can be charged under any of the above circumstances if the accused either gives or receives oral sex and the same can be said for a sodomy charge if an individual’s penis or anus comes into contact with the penis or anus of another. If the accused uses a foreign object to penetrate the genital or anal opening of another under any of these circumstances, he or she may face prosecution for that as well.

Indecent exposure charges may be filed when an individual either exposes him or herself or persuades another to do so in a public place (or in a private home without consent) that is either offensive or done to provoke vicious or lewd thoughts.

The criminal charges of prostitution and / or pimping and pandering will result if an individual solicits a prostitute, runs a “brothel” or procures another for the purpose of prostitution. If the accused is pimping a minor or pandering with a minor, special penalties will apply.

Crimes that apply to families include bigamy, which will be charged if an individual is simultaneously married to more than one person and incest, which takes place when family members either marry or have sexual relationships with one another.

If an individual either commits an act or fails to perform an act that is sexual in nature against a minor and thereby causes that minor to become a dependant of the state, he or she will be charged with contributing to the delinquency of a minor. On that note, any sex offense that is committed against a minor will likely result in enhanced sentencing, as that is typically considered an aggravating factor.

Criminal prosecution may also face those who attempt to commit certain sex crimes, even if the attempt fails. It is also worth noting that individuals who commit specific sex crimes more than once will face harsher punishment with each subsequent offense.

The Law Office of Evan E. Zelig is located in downtown Santa Rosa, California just minutes from the Sonoma County Courthouse and Jail facilities. We are also accessible 24 hours a day, 7 days a week! If you have been charged with any type of sex offense call the Law Office of Evan E. Zelig at (707) 636-3204 or Toll Free at (888) ZELIGLAW.

 

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