A variety of sexually oriented unlawful behaviors fall into the “sex crimes” category. Each behavior comes with potential charges capable of bringing serious consequences. Though some sex crimes are more serious than others, convictions for any sex crime can have potentially life-changing consequences.
A Los Angeles sex crimes lawyer can provide much-needed help if you are facing sex crimes charges. Your attorney will fight to have your charges reduced or dismissed and for your fair treatment by prosecutors and the criminal court system.
An Overview of Sex Crimes in California
Sex crimes are acts of sexual assault or sexual violation. Some involve contact with and violence against the victim. Others do not involve contact or overt physical violence but still perpetrate a sexual violation.
The severity of an offense and aggravating or mitigating factors affect the seriousness of charges and penalties. Aggravating factors intensify the crime and subsequent penalties, while mitigating factors lessen them. An experienced attorney will challenge aggravating factors presented by the prosecution and argue for consideration of mitigating factors.
In California, the legal age of consent is 18. If an adult engages in sexual activity with a minor–a person under age 18–they have committed a sex crime even if the minor consented. Sex crimes involving minors are especially serious offenses.
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Types of Sex Crimes
In some cases, perpetrators use violence and force physical contact upon victims. Other times, the violation involves exposure or coercion. Simmrin Law Group has experience fighting charges against some of the most common sex offenses and those seen less often.
Rape Offenses
California Penal Code (CPC) 261 defines the conditions constituting the sex crime of rape, and as per CPC 263.1, “all forms of nonconsensual sexual assault may be considered rape for purposes of the gravity of the offense and the support of survivors.”
Though California used to have a specific law defining “spousal rape,” it has recently changed that code–committing a non-consensual sex act against any person, including a spouse–can bring charges of rape. When an alleged offender has sexual intercourse or engages in sexual intercourse with a minor, that offender can be charged with statutory rape (CPC 261.5):
Sexual Battery
Sexual battery occurs when a person engages in non-consensual sexual contact with another person. According to CPC 243.4, charges can follow when an offender “touches the intimate part of another” while that person is
- Restrained
- Unconscious
- Institutionalized for medical treatment
- Seriously disabled or mentally incapacitated
Sex Crimes Against Children
These are some of the most severely punished sex crimes, and those charged should never fight against the charges alone or with inferior representation. Sexual crimes against children include sexual abuse of a child and sexual exploitation of a minor, as defined in CPC 311.3. It is illegal for anyone to develop, exchange, send, or cause to be sent content depicting a minor engaged in an act of sexual conduct.
Additionally, traveling to meet a minor is considered a crime in California. It is also illegal to arrange for the minor to travel to meet you. Still, prosecutors must prove the alleged crime meets very specific requirements to secure a conviction.
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Human Trafficking
When a person deprives another individual of their personal liberty or violates that liberty to force the individual into labor, including sexual labor, that person can be charged under California’s human trafficking laws (CPC 236.1). In some cases, a person may act as a “pimp,” depriving those working for them of pay or food unless they continue to perform sex acts for money. The pimp could also threaten the lives of their “workers’” family or friends to keep the worker under their control.
Prostitution
In California, it is illegal to engage in prostitution or to solicit prostitutes for sex. Prostitution laws make it unlawful to encourage a person to become a prostitute through threats, coercion, or other means or to procure a prostitute for someone else–whether a client or a pimp. The State’s prostitution laws cover a lot of ground, and defending against them demands representation from a knowledgeable, experienced attorney.
Lewd Conduct
Engaging in lewd behavior can bring charges under CPC 647. Touching or exposing yourself in a public place is considered “indecent exposure.” Charges can follow if you willfully and intentionally:
- Exposure your private parts in a public place
- Help someone else expose themselves
Understanding California’s Sex Crimes Offender Tier System
In recent years, the California Department of Justice implemented a tier system for classifying sex crimes offenders. The higher the tier, the more serious the penalties. Even “low-level” offenders face life-altering consequences, so securing the exceptional representation available from Simmrin Law Group is critical.
Tier 1
Convictions for non-violent felony or misdemeanor sex offenses–indecent exposure, for example- can render a Tier 1. Classification. These offenders are perceived as “lower risk,” presenting little public danger. Still, Tier 1 offenders must remain on the California sex offender registry for ten years.
Tier 2
Tier 2 offenders have convictions for “mid-level” offenses. These may include incest or lewd acts with a minor. Tier 2 offenders must remain on the California sex offender registry for 20 years.
Tier 3
Offenders who are dangers to society and at high risk for repeat offenses are classified as Tier 3. For example, convictions may be for rape or sexually assaulting a child. These offenders may have to remain on the registry for the rest of their lives.
The Court ultimately determines an offender’s Tier categorization. Mitigating or aggravating factors play a role in this process, as does a sex crimes defense attorney. A knowledgeable attorney can build a strong defense and will fight to protect your freedom, your reputation, and your future.
Sex Crimes Charges Require a Powerful Defense
Simmrin Law Group has been serving residents of Los Angeles and surrounding areas for over 15 years. We know how California’s criminal justice system works, and we know how seriously it takes sex crimes. We also know that things are not always as they seem–sometimes, people are charged with offenses, including sex crimes, they did not commit.
Further, sexual misconduct suspects are still innocent until proven guilty in California. If you are facing charges, put your case in our experienced, capable hands. We are here to listen to your side of the story, protect your presumption of innocence, and be ready to design a powerful, strategic defense.
Call or text (310) 896-2723 or complete a Free Case Evaluation form