Sex Crimes

Sex Crimes-

There are many kinds of sex crimes a person can be prosecuted for in California.  The majority of the sex crimes a person can be convicted for in California require sex offender registration for life pursuant to Penal Code section 290.

Listed below are some of the sex crimes a person can be prosecuted for in California.

  1. Rape or spousal rape by force, fear or threats is committed when a person had sexual intercourse with a woman; he and the woman were not married or were married to each other at the time of the intercourse; the woman did not consent to the intercourse; and the person accomplished the intercourse by force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the woman or to someone else.

Sexual intercourse means any penetration, no matter how slight, of the vagina or genitalia by the penis.

A woman who initially consents to an act of intercourse may change her mind during the act.  If she does so, under the law, the act of intercourse is then committed without her consent if she communicated to the person that she objected to the act of intercourse and attempted to stop the act; she communicated her objection through words or acts that a reasonable person would have understood as showing her lack of consent; and the person forcibly continued the act of intercourse despite her objection.

The person is not guilty of rape if he actually and reasonably believed that the woman consented to the intercourse.

Rape is a felony.

2.  Sexual penetration by force, fear or threats is committed when a person committed an act of sexual penetration with another person; the penetration was accomplished by using a foreign object, substance, instrument, device, or unknown object; the other person did not consent to the act; and the person accomplished the act by force, violence, duress, menace, fear of immediate and unlawful bodily injury to anyone, threatening to retaliate against someone when there was a reasonable possibility that the person would carry out the threat, or threatening to use the authority of a public office to incarcerate, arrest, or deport someone.

Sexual penetration means penetration, however slight, of the genital or anal opening of the other person or causing the other person to penetrate, however slightly, that person’s or someone else’s genital or anal opening or causing the other person to penetrate, however slightly ,his or her own genital or anal opening for the purpose of sexual abuse, arousal or gratification.

A foreign object, substance, instrument, or device includes any part of the body except a sexual organ.  An unknown object includes any foreign object, substance, instrument, device, or any part of the body including a penis, if it is not know what object penetrated the opening.

A person is not guilty of forcible sexual penetration if he/she actually and reasonably believed that the other person consented to the act.

Sexual penetration by force, fear, or threats is a felony.

3.  Unlawful sexual intercourse when the defendant is 21 years or older is committed when the defendant had sexual intercourse with another person; the defendant and the other person were not married to each other at the time of the intercourse; the defendant was at least 21 years old at the time of the intercourse; and the other person was under the age of 16 years at the time of the intercourse.

It is not a defense that the other person may have consented to the intercourse.

The defendant is not guilty of this crime if he/she reasonably and actually believed that the other person was age 18 or older.

Unlawful sexual intercourse with the defendant is 21 years or older and the other person is under 16 years can be a felony or a misdemeanor.

4.  Lewd or lascivious act with a child under 14 years is committed when the person willfully touched any part of a child’s body either on the bare skin or through the clothing or the person willfully caused a child to touch his/her own body, the person’s body, or the body of someone else either on the bare skin or through the clothing; the person committed the act with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of himself/herself or the child; and the child was under the age of 14 years at the time of the act.

It is not a defense that the child may have consented to the act.

Lewd or lascivious act with a child under 14 years is a felony.

5.  Annoying or molesting a child is committed when the person engaged in conduct directed at a child under the age of 18 years at the time of the conduct; a normal person without hesitation would have been disturbed, irritated, offended, or injured by the person’s conduct; and the person’s conduct was motivated by an unnatural or abnormal sexual interest in the child.

It is not necessary that the child actually be irritated or disturbed.  It is also not necessary that the child actually be touched.

It is not a defense that the child may have consented to the act.

The person is not guilty of this crime if he/she actually and reasonably believed that the child was at least 18 years of age.

Annoying or molesting a child is a misdemeanor but can be charged as a felony if the conduct occurred in an inhabited dwelling.  A second or more conviction for annoying or molesting a child is a felony.

There are many other sex crimes as well as enhancements such as oral copulation, sodomy, continuous sexual abuse of a child, multiple victims, etc.  At the Law Offices of Joseph P. Smith, we have defended many clients accused of sex crimes, and we understand the devastating consequences and effects to the client and his or her family when faced with sex crimes and the potential for life time registration as a sex offender.  If you or someone you know is being investigated, has be arrested, or being charged with a sex crime let the experienced Law Offices of Joseph P. Smith defend you to provide the best outcome possible.