Overview of Sex Crimes in California  

Sex crimes in California encompass an extensive range of offenses involving sexual conduct that runs afoul of the state’s Penal Code. These crimes can be defined by elements such as the lack of consent, the age of the people involved, the use or threat of force, and the broader context of the interaction. Some individuals charged with sex offenses are accused of using coercion, alcohol, while others face charges purely because the alleged victim is too young to legally give consent under state law. Whether the charge is forcible or non-forcible, a conviction can lead to incarceration, substantial fines, probation or parole conditions, and inclusion on the statewide sex offender registry. And, while this post mainly focuses on sex crimes against adults, there are many sex crimes against children.

Collateral effects of a sex crime case are profound. The accused may confront the risk of damaged personal relationships, job instability, and housing challenges. Even a mere allegation—without an eventual conviction—can produce social stigma or one’s reputation being harmed. California’s approach to sex crime prosecutions aims to protect potential victims and punish wrongdoing, but the laws are highly complex, and any defense requires a thorough understanding of these statutes and how they are applied.  Understanding the specifics behind each charge is critical. Many statutes reference different scenarios, and prosecutors tailor charges to the facts of the case. This highlights why knowing the nuances of the law—especially regarding what the prosecution must prove—is central to a defense strategy. Below are major categories of sex crimes, not involving child sex-crimes. If you are facing allegations, discussing your options with a sex crime lawyer in Orange County can be an important step in protecting your rights.

Types of Sex Crimes  

Sex crime definitions in California often center on the alleged victim’s capacity to give voluntary consent. When children are involved, the law presumes they cannot legally consent, leading to strict criminal liability in many cases. When adults are involved, the situation generally hinges on whether the alleged victim freely agreed to participate. 

Furthermore, the state penalizes actions that take place in public or that endanger minors, even if those minors are not direct participants in the act. The breadth of these statutes illustrates why the term “sex crimes” refers to numerous charges, each with distinctive proof requirements and potential defenses.

• Rape (Penal Code Section 261)

Rape allegations revolve around the absence of consent in sexual intercourse. Under Penal Code Section 261, committing the act by force, threats, violence, or under circumstances where the alleged victim is unconscious, intoxicated, or incapable of consenting is a punishable offense. Typical elements involve sexual intercourse without the victim’s free agreement and an intentional use of one or more prohibited mechanisms to achieve that act. Examples of force can include physical restraint, battery, or intimidation; fear refers to credible threats that overcome the will of the alleged victim.

Marriage is not a defense against a rape charge. California explicitly prohibits marital rape, emphasizing that every individual has the right to consent or refuse—even within a marital relationship. If convicted, a defendant may serve multiple years in state prison, face hefty fines, and be required to register as a sex offender. Individuals with prior serious or violent felony convictions often incur even harsher sentences.

• Statutory Rape (Penal Code Section 261.5)

California sets the age of consent at 18, making any sexual intercourse with a person below that age potentially prosecutable as statutory rape. The core principle here is that minors cannot legally consent to sexual activity, even if they openly agree to participate. Penal Code Section 261.5 addresses unlawful sexual intercourse with anyone under 18. The severity of the charge typically depends on the age gap:

1. If the difference in age between the parties is not more than three years, the prosecutor is more likely to charge a misdemeanor.
2. If the age gap is over three years, the offense may become a wobbler, meaning prosecutors can file either a misdemeanor or a felony.
3. The larger the age gap, the more likely a felony charge becomes, especially if the accused is significantly older and the minor is in early teenage years.

Although California lacks a sweeping “Romeo and Juliet” exception to shield close-in-age partners entirely, certain mitigating factors can reduce penalties in tight age-range cases. A claim that the minor gave “consent” or seemed willing is not a legal defense. Statutory rape convictions can carry jail or prison time, depending on circumstances and prosecutorial discretion. Sometimes, sex offender registration is also imposed, particularly where there are aggravating elements or additional charges.

• Prostitution and Solicitation (Penal Code Section 647(b) and Related Statutes)

Sexual acts exchanged for money or other benefits are prohibited under California law. Prostitution statutes generally target both the provider and the solicitor. Solicitation involves attempting to hire someone for such acts, regardless of whether any money changes hands. First offenses might result in fines, limited jail time, or diversion programs. Repeat offenders can face harsher consequences, including extended incarceration and larger fines. Although prostitution convictions do not always require registration as a sex offender, they can cause personal and professional struggles, including social stigma and employment difficulties.

• Indecent Exposure (Penal Code Section 314)

Indecent exposure criminalizes the deliberate revealing of one’s private body parts to others for sexual arousal or to offend. This might include flashing in public or exposing oneself to an unwilling observer. Convictions here can result in jail time, and if there is a prior extremity or aggravating factor—such as a record of similar offenses—mandatory sex offender registration could be imposed. Prosecutors and courts pay particular attention to incidents where minors or vulnerable persons witness the act, as that factor often increases the severity of the penalties.

• Sexual Battery (Penal Code Section 243.4)

Sexual battery involves the non-consensual touching of intimate parts—whether directly or over clothing—with the purpose of sexual gratification, abuse, or arousal. Intimate body parts include the buttocks, groin, and breasts. Unlike rape, sexual battery does not require intercourse. If the victim was incapacitated, physically restrained, or otherwise prevented from resisting, the penalties can increase substantially. Prosecutors typically look at the level of force, the vulnerability of the victim, and other aggravating aspects. In certain circumstances, conduct involving non-consensual removal of a protective barrier, known in some discussions as “stealthing,” could be prosecuted under sexual battery, as it violates the victim’s agreement.

• Lewd Conduct in Public (Penal Code Section 647(a))

Engaging in a sexual act in a public place or soliciting another to do so is considered lewd conduct. Examples include a couple partaking in sexual activity in a car parked in a public lot or openly visible from a street. A conviction might result in jail, probation, community service, or monetary penalties. Depending on the facts, a judge or prosecutor may also require the individual to register as a sex offender if the offense crosses a certain threshold of severity or involves minors or prior offenses.

If you or a loved one is facing charges under any of these statutes, consulting an Orange County sex crime attorney may help you better understand your legal options and possible defenses.

Sex and alcohol is risky business.  Having sex with a person who is unable to give consent due to being intoxicated is a crime under Penal Code 261, subdivision (a)(3). Rape is a form of sexual assault. Below is a guide on how to handle the criminal justice system when accused of rape.

Rape: If the defendant knows the person could not say “no” because that person was under the influence and could not resist the sexual intercourse, then the defendant is guilty of rape.  Unable to say “no” means the person cannot provide consent.

Consent is when a person can exercise legal judgment.  In other words, the person can think and understand what is going on and thus respond appropriately. 

Now, it gets tricky when both parties are under the influence.  If the defendant is also under the influence and initiates sex with someone just as intoxicated, the case is more nuanced.  Every case needs to be evaluated by a fact by fact basis.  

Example when both parties are intoxicated and they both have sex

Here is an example: The defendant and the alleged victim are roommates.  They and a few other friends take shots and drink alcohol into the early morning hour.  They are all hammered and drunk.  The friends leave around 4 a.m. to go home.  The alleged victim wakes up to the defendant inside her, fully penetrating her with his penis, essentially having sex with her.  She screams and the defendant gets off her. 

Both parties here are both blacked out drunk.  But, the critical factor is whether the intoxication rendered the girl completely incapable of giving consent to the sexual intercourse.  If she is so blacked out she could not give consent or agree to the sexual acts of the guy/roommate, the guy/roommate is guilty of rape. 

However, one might observe – they are both blacked out drunk.  What if she initiated the sex first, one thing lead to another, and in her wakefulness believes she is being raped?   These cases are very nuanced and need to be analyzed on a case by case basis, and having a skilled attorney familiar with the sexual assault law in California is key to having success in your case. 

Typical outline of what happens if you are accused of rape by intoxication

Once accused of rape and the police get involved, the victim sometimes gets a rape kit done at the hospital, if reporting is done early enough.  If defendant is not arrested, the police will routinely ask the victim or friend of victim or maybe even a family member to call the defendant.  This is called a “covert” or “pretext” call.  The purpose of this call is for the police to get the defendant’s statements/admissions.  So, if you are reading this and you believe you are being accused of rape, be aware that this court happen to you. 

What if I am arrested for rape by an intoxicated person? 

As soon as you get wind that you are being investigated for rape, get an attorney immediately.  You may be tempted to talk to the police when they arrest you to give your side of the story. Most of the time this does not help you.  It actually hurts you.  If you have an attorney, your attorney can step in for you and talk to the police.  Your attorney can also get an investigator for you early, to interview the alleged victim and possibly get a statement favorable for you to provide to the DA to persuade them not to file charges against you. 

Penalties for rape with intoxication

If you are convicted under PC 261, subdivision (a)(3), you could be looking at three, six, or eight years in prison.  You would be required to register as a sex offender.  And, you will have a “strike” in California.  

Goals in resolving an accusation of rape by intoxication

Most people do not want to plea to a “sex charge” because of the collateral consequences (290 registration) and stigma.  There is sometimes a lot of room for negotiation based on the facts of the case, the victim’s cooperation (or lack thereof), positive psych evaluation, etc.  False imprisonment (PC 236), battery (PC 242), or aggravated battery (PC 243(d)) could be other charges one could plea to in lieu of PC 261, subdivision (a)(3).  Talking to an experienced attorney who can understand the nuance of your case is important to get the best result!  

What everyone person who is accused of a crime deserve someone who is competent, smart, and knows the law.  That’s a given.  But all the attorneys on the internet should carry those qualities.  Being smart and knowing the law is not enough.  Plus, what if it is just a criminal law firm mill, where you do not even talk to your attorney once you hand them over your money!?  

Here are three things one should look for in finding the right attorney for you: 

Trust

Your attorney must be confident and you must have confidence in your attorney.  Your attorney is going to be advising you on some of the hardest decisions you will be making regarding your life.  And, if you trust them, you will avoid a lot of heartache.  Let me give you an example.  

Let’s say you are facing a serious and violent felony.  The way the prosecutor filed the complaint against you prohibits you from getting probation.  You tell your attorney, “I want to go to trial” because you “ain’t going to take that prison plea offer.”  You pay a huge retainer fee, your attorney prepares your case for trial, and tells you that there is a great chance that you may lose.  Now, you think there is a possibility of hope that you can win.  

Your attorney has a few options here to try to negotiate your case.  Your attorney can either try to get the district attorney to dismiss one or two of the counts on your complaint/information to make your case eligible for probation, or they can do a chambers conference with the judge to see if the judge can give a court offer.  The DA won’t budge, but the judge proposes the mitigated/lowest term of 5 years in prison, while you are looking at 18 years in prison, max, and at least 10 years in prison if you lose at trial.  

In this particular situation, you need to trust your attorney’s advice.  If you don’t, when your attorney tells you, “this may not be the best case to go to trial,” then you will disregard what they say, simply because you don’t trust them.  And, when you do not trust them, you will likely get into a worst off situation, because you end up not taking the 5 years, go to trial, and when you lose, because your attorney told you – you may lose, you end up getting 10-12 years, as your attorney may have said would have happened. 

Yes, it should be a given your attorney is competent, smart, and knows the law.  But, you must be able to trust them in order to best achieve the greatest results-for you.  It’s a gut thing, and not a monetary/popular/most loved-thing.  

So, just because you pay, $40,000 for an attorney, that does not mean you will achieve the best result.  Or, just because the attorney has the most “likes” or google reviews, does not mean you will trust your attorney.  You need to feel it when you speak to that attorney in the initial consultation, that you can build a relationship with this attorney, so much so that, when the time comes to make that hard decision as to whether to plead or go to trial, fight the case, or settle, you know you will be making the right decision.  

Relationship with the district attorneys

Let me explain this one through a personal example.  

I was retained on a Petition for a Certificate of Rehabilitation.  I filed the paperwork, as one does, because again, it should be a given your attorney is competent, smart, and knows the law.  I do all the things an attorney should do to get the hearing, serve all the right people, and draft the motion. 

Well, in this particular scenario, after sending in 100s of documents to the district attorney’s office, showing the client finished drug treatment, had a job, bought a house, fostered children, volunteered heavily in the community, etc., the district attorney handling the matter, called my personal cell phone.  She literally said on the phone, “I was going to file an opposition, but then I looked at who the criminal defense attorney that was filing the petition, and thought – Hmmm – I know her, I am just going to give her a call.”  And, that is what she did.  

This district attorney, who I had a personal relationship with, because I primarily practice law in Orange County, and maintain good relationships with the district attorneys, called me to tell me what she thought could help my client’s Petition.  And, that if I just submitted this missing material, which she thought was important, she would not oppose our petition, and in fact, support the petition for certificate of rehabilitation to be granted.  Now, this is powerful.  Because I maintained and kept good relationships with the district attorneys I worked with, she was able to come to me and tell me that she would basically not oppose our Petition, if she had this one thing she personally wanted to see, that would prove to her my client was rehabilitated.  

My client benefited from this relationship, and his Petition was granted on the spot, when we went to court.  There was no arguing or questioning of my client.  The district attorney and I worked together to get my client the results he wanted.  

Good reputation

Your attorney should be smart, competent, and know the law.  But, if they do not have a good reputation in the courthouse, you may not be getting any favors.  

If the judge know your attorney, and your attorney needs a continuance, because you, as the client, are just not ready to take that plea or go to trial, guess what?  If your attorney has a good reputation, with the judge and the district attorney, you will probably get that continuance, and everyone will be willing to work with your attorney.  Why?  Because they have a good reputation.  

However, if your attorney does not know the judge, does not primarily practice in Orange County, the judge or district attorney, may not give your attorney the benefit of the doubt, and oppose the continuance.  These little things count.  Good relationships with the clerks, judges, and attorneys, could make your case a whole lot easier.  

I’ve seen a lot of petty thefts from Sephora end up in court.  Makeup, perfume, face creams, taken from Sephora, stashed into a purse, pocket, or bag.  The person who took the merchandise is caught, and then prosecuted by the district attorney’s office.  Most of the time too, the person caught stealing items at Sephora, those items are returned back to the store, and the person leaves empty handed, except for a notice to appear to attend court for their arraignment in the said stealing.  

No criminal history – help!

Sometimes, the person who was caught stealing, does not have a criminal history.  The person who is caught stealing is a college student, someone who just lost their job, made a mistake, did not listen to their better judgement.  In which case, one does not want a conviction or theft on their record.  Petty theft is a crime of dishonesty, and one does not want a crime of dishonesty on their record!  

Licensing

Speaking of a crime of dishonesty, this small but heavy mistake may affect one’s current or future professional career.  When applying for a medical license, a legal license, real estate license, the list goes on.  Or, the petty theft could impact your career now.  This is something that needs to be taken care of now, so as to now affect your life.  

Petty theft – the Specifics

Petty theft is a misdemeanor offense that carry a sentence of up to six months in jail, court fines up to $1,000, restitution (if the property one has sold has not been recovered, the amount that was stolen), and a stay away order from the place the item was stolen from. 

The items/property stolen must be less than $950.  If it is over $950, it will be elevated to a grand theft, felony.  

Diversion – Deferred Entry of Judgment (DEJ)

This is where Diversion comes in.  If this is your first time being charged with a petty theft, and have no criminal history, the district attorney likely will agree to what is called, “Deferred Entry of Judgement.”  You basically go to court, or you have your attorney go to court for you, and negotiate a deal where there is no conviction for the petty theft on your record.  The conditions of this agreement generally include, a petty theft class or classes, pay the restitution if applicable (this is where the items were not returned), stay away from the establishment where the item(s) were stolen from, and obey all laws for 3-6 months.  If you are able to do all that, at the next court date, the district attorney will dismiss your case!

The petty theft class is very specific to Orange County and the district attorney will be asking you to complete this specific course.  However, let’s say you do not live in Orange County, live out of state or out of the country.  Sometimes, the district attorney will allow you to pay a certain fee or donation to the victim-witness fund, and dismiss once you make that payment.  

Dismissal!

The goal for getting a petty theft with no criminal history is to get your case dismissed!  Despite being embarrassed for what you have done and despite the fact that you do not want anyone to know about what you have done, an experienced and knowledgeable attorney can help you get through this debacle, without you having to go to to court.  You just need an attorney who knows of the nuances of the DAs and Court systems in Orange County to get you the most favorable result.  

Why a Certificate of Rehabilitation Matters

A Certificate of Rehabilitation matters because – if the court grants your petition – you will be deemed a law-abiding citizen.  A Certificate of Rehabilitation basically informs future employers that you can be a qualified candidate.  And since a Certificate of Rehabilitation is for people who generally went to prison, an expungement will not help.  Once a Certificate of Rehabilitation is granted by an Orange County Superior Court judge, it is forwarded to the Governor’s Office as an application for a pardon.  

Necessity of an Orange County Certificate of Rehabilitation Attorney 

A Petition for a Certificate of Rehabilitation is not merely about paperwork.  It is a complex legal procedure where you need to serve the Orange County District Attorney’s office, send a copy to the Governor of the State of California, possibly distribute copies of your documents to other District Attorney’s Offices in other jurisdictions you may have had convictions in, and make sure everything is filed correctly so as not to get rejected by the court system.   Plus, filing Points & Authorities along with your Exhibits is crucial in getting your Petition for Certificate of Rehabilitation granted.  Lastly, hiring an Orange County Certificate of Rehabilitation Attorney ensures you that your counsel knows the Orange County court system and district attorneys, providing you confidence that your case will be handled correctly. 

Certificate of Rehabilitation Eligibility in Orange County 

You were convicted of a felony and committed to a state prison, institution, or agency including commitment to a county jail pursuant to subdivision (h) of Section 1170.

You have resided continuously in the State of California, after leaving prison or other institution or agency, for the five years immediately preceding the filing of your Petition.

You have lived an honest and upright life, conducted yourself with sobriety and industry, exhibited good moral character, and conformed to and obeyed all laws of the land since being released.  

Certificate of Rehabilitation Timeline

Your rehabilitation timeline begins when you are either discharged from custody after completing the term to which you were sentenced, or upon your release on parole or probation, whichever comes first.  The period of rehabilitation consists of five years of residence in this state plus one of the following periods: 

To the five years of residency, four years will be added, making the rehabilitation period a total of nine years, if you were convicted of violating Penal Code sections 187, 209, 219, 4500, or 18755, or Military and Veterans Code section 1672, subdivision (a), or of committing any other offense which carries a life sentence. 

To the five years of residency, two years will be added, making the rehabilitation period a total of seven years, if you were convicted of any offense not listed above, or any offense that required sex offender registration (with some exceptions). 

Certificate of Rehabilitation Procedure

In Orange County, the Office of the District Attorney look for: Evidence of Vocation and Evidence of Rehabilitation.  The courts and DA’s want letters, documents, certificates, showing you have gone to school, gotten a job, volunteered, and/or pursued education.  They want to know what you have been doing with your time.  The Orange County District Attorney and Court also wants to see evidence of sobriety.  Do you have AA meeting documented?  Have you attended a rehabilitation center?  Are you seeking therapy?  All this information needs to be gathered so you can include these documents with your Petition when filing with the clerk. 

Next step is getting your date.  Once you have all your documents together, the Clerk will give you a date 45 days from the date of filing.  And once you pick your date, the DA may reach out to your Orange County Rehabilitation Attorney to let you now whether they need anything else.  That is the advantage of hiring an Orange County Certificate of Rehabilitation Attorney – the relationships they have with the local DAs.  So instead of the DA filing an opposition, they can just reach out to your Orange County attorney to let them know what they are looking for, in getting your Certificate of Rehabilitation. 

The date you choose is when your hearing will be held.  The court will look at your documents, and if the DA is on your side, you will have a better chance of getting your petition granted.  If not, the court sometimes gives recommendations and you can then follow such recommendations and refile your Petition again. 

Selecting your Orange County Certificate of Rehabilitation Attorney 

Your choice of legal representation should be based on the attorney’s experience with post conviction relief, specifically Petitions for Certificate of Rehabilitations, success rate, and knowledge of the Orange County court system.  Our relationships with Orange County District Attorneys helps greatly when pursuing your Petition. And, our knowledge with the judges is unparalleled.  

How soon should I initiate the Petition for a Certificate or Rehabilitation? 

If you meet the dates outlined above (i.e. – have you been out of custody for 7 years?), you can start the process in getting your life back in track.  The time it can take to gather the documents may take awhile so getting in touch with an Orange County Certificate of Rehabilitation Attorney the sooner the better is key in getting you organized and supported through this process.  Our dedication to our clients and legal expertise, as well as our knowledge of the local court system is undeniably invaluable in the process of filing a Petition for a Certificate of Rehabilitation.  

Sex offender status associates with almost all sex crimes.  Here is a list of crimes that trigger sex registration: 

Kidnapping with intent to commit a sex offense or rape

Assault with intent to commit a sex offense 

Human trafficking 

Sexual battery 

Rape

Rape with an unconscious person 

Aiding or abetting rape 

Entice a minor into a brothel for purpose of prostitution 

Inducing consent to sex though fraud or fear

Pimping or pandering involving a minor under 16 years old 

Abduction of a minor for prostitution 

Aggravated sexual assault of a minor 

Contributing to delinquency of a minor involving lewd and lascivious conduct

Incest

Sodomy with a minor 

Oral Copulation with a minor 

Lewd act on a minor

Sending harmful/obscene matter to a minor with the intent to sexually arouse or have sex with 

Contacting minor to have sex with said minor 

Continual sexual abuse of a child 

Sexual intercourse, sodomy sexual penetration, or oral copulation with a child 10 years or younger

Sale or possession of child pornography 

Sexual exploitation of a child 

Advertising obscene matters involving a minor 

Indecent exposure 

Annoying or molesting children 

Murder if committed with the intent or attempted perpetration of rape

How do you terminate sex offender registration? 

To start the process of terminating your obligation to register as a sex offender, you first must file a petition.  The petition must be filed in the county where you are registering.  Your registration period must also be expiring. 

If you are in Tier 1, you can ask to terminate your registration at 10 years. 

If you are in Tier 2, you can ask to terminate your registration at 20 years.

You must serve the petition for termination on the registering law enforcement agency and the district attorney where the petition is filed. 

If no hearing is requested, and the decision to grant the petition is conducted in the court’s chambers, the court must grant the petition if all of the following requirements are met: 

-The current registration was included in the petition, 

-The minimum period of registration was met, 

-The petitioner has no pending criminal charges that would extend the period of registration, and 

-The petitioner is not on parole, probation, or supervised release

If there is a hearing, the district attorney (DA) may try to contest the petition to terminate by presenting evidence on why the court should deny the petition.  Factors the DA may bring up are the number of victims, the age of the victims, whether the victim(s) was related or a stranger, whether there was any relevant noncriminal behavior before and after the registrable offense, whether the petitioner has re-offended, and the underlying facts of the offense may be brought up.

If the petition for termination is denied, the court must set a time for which the petitioner may reapply for termination – usually within 1 to 5 years.  The court must also put on the record its reason for denial.  

What if my sex registration time period is not up yet.  Can I ask for early termination? 

 Short answer is – Yes – you can.  It depends on what specific sex crime you were convicted of.  And, the court must determine whether community safety would be significantly enhanced by requiring continued registration and may consider whether the victim was a stranger, the nature of the registrable offense and whether the offender has completed treatment.  

If you have been convicted of a sex crime, have been ordered to register as a sex offender, and would like to know more about how to terminate your registration requirement – call an attorney today to get more information. 

Rape is a type of sexual assault PC § 261(a).  It is when there is non-consensual sexual activity or sexual intercourse that is forced upon another person, who does not consent.  Rape can be accomplished by force, violence, intimidation, injury, or threat.  

The People of the State of California will have to prove the following for someone to be convicted of rape: 

1) The defendant had intercourse with another person,  

2) That person did not consent to the intercourse, and, 

3) The defendant accomplished the intercourse by force, violence, menace, or fear of immediate or unlawful bodily injury to the woman or to someone else.

Note: A key part of this crime is non-consent.  So, the fact that someone is threatening someone to have sex with them, and the other is not agreeing, is the essence of this crime. 

Consent must be freely and voluntarily and have knowledge of the nature of the act.  In other words, the person consenting must know what they are getting into and agreeing to partake in such sexual act. 

Punishment

Rape is a felony.  This offense is punishable by 3 years (mitigated), 6 years, (mid term), or 8 years (aggravated) in prison.  Someone may be able to get formal probation, instead of prison, depending on the circumstances.  Sex registration is included. 

How about statutory rape? 

Statutory rape is when someone 18 or over has sex with someone under 18 years old. (See PC § 261.5).  It does not matter if the person under 18 years old consents.  The mere fact that someone has sex with someone under 18, can be a crime of statutory rape.  A person under 18 cannot legally consent.  As such, even if there is no force, threat, or ill-will, it does not matter – the fact that someone has sex with someone under the age of 18 – is what matters.  

The People of the State of California will have to prove the following for someone to be convicted of statutory rape: 

1) Defendant participated in an act of sexual penetration with another person; 

2) There was penetration (of a genital, object, substance, instrument, or device), 

3) The other person was under 18 years old at the time of the act.

What are the penalties of statutory rape? 

In California, statutory rape is a “wobbler.”  Depending on the circumstances, it can be charged as either a misdemeanor or felony.  

Misdemeanor – Informal probation, max of 365 days in county jail, fines and fees

Felony – Formal probation with county jail (up to 365 days), or prison – 16 months (mitigated), 2 years (mid term), or 3 years (aggravated) in prison, OR prison – 2 years (mitigated), 3 years (mid term), or 4 years (aggravated) in prison when the defendant is 21 years or older and the accusing party is under 16.  

What is a defense to statutory rape?

If the defendant reasonably and actually believed that the person was over 18 years old.  

For example, you are at a Sorority party at your college.  A group of people visit that are not from your college.  The party at the sorority is for people 18 and up only as alcohol is involved.  You start dancing with one of them and one thing leads to another and you end up having sex with that person.  You believed that person was over 18 years old, given the setting, and could legally have sex with you.  You later learn that person was 16 years old.  

Consent is NOT a defense.  

Statutory rape is a strict liability offense.  

Strict liability crimes do not require proof of intent or knowledge of wrongdoing.  This means that a person can be found guilty of a strict liability offense even if they had no intention to commit the offense or were unaware that their actions were illegal.  

Will I have to register as a sex offender if I am convicted of statutory rape? 

No, you will not.  Under PC 290, which lists the offenses that are required to register as sex offenders, PC 261.5 is not one of them.   

One must note that if one is convicted of rape, however, or other crimes involving children/minors (under 18 years old), depending on what the charge is, may be required to register as a sex offender.  

What should you do if you are being investigated or charged with rape or statutory rape?   

One should contact an attorney immediately.  These situations can be time sensitive, navigating the criminal justice system can be tricky, and doing it on your own may not be wise.  Contacting an experience attorney is key.  

(Facts are made up to illustrate what can happen for a Hit & Run)

He’s 20 years old.  Attends UCLA.  Pre-med.  It is December 2021, and he is driving his parent’s car.  He is visiting home during Christmas Break.  His past finals are on his mind as it was a stressful winter semester. And as he is driving on the freeway one evening, he is in not paying attention.   It is very busy on the road and a car near him is trying to change lanes.  Because he is not paying attention and he is thinking of his finals, he hits the car in front of him.  He later finds out the person in that car is injured from the impact, breaks a leg, and is transported to the ER.  

He is scared.  Nervous.  Shaken up.  He has never gotten into an accident before.  Since there are a lot of cars on the road, he tries to pull over, but he cannot.  He keeps driving forward slowly, then decides to go home.  Unbeknownst to the 20 year old student, another driver follows him home and takes down his license’ plate’s number.  

The next day, the police call the student. 

The police call

The student respond to the police that he will talk to them.  He goes to the police station and divulges the details.  He learns that the person he hit went to the ER.  The 20 year old goes home after giving a statement. 

Please note that while it is important to comply with law enforcement – it is also so important to have an attorney by your side for these conversations.  Everything you say can and will be used against you in a court of law.   

What should someone do if they get into an accident

When someone gets into an accident where someone is injured or there is property damage, it is required by law to immediately stop as reasonably possible.  And, in most cases one must call the police to report it.   This is regardless of whose fault it is.  After an accident one must also share DL information and insurance.  

If you do not do that, you can be charged with a crime. 

Hit and Run elements

A hit and run in California can be a misdemeanor or felony.   A hit and run that involves property damage is typically charged as a misdemeanor.  While a hit and run that involves bodily injury or death can be charged as a felony.  

If you are facing a misdemeanor, it is up to one year in jail, but there is a minimum of 90 day in custody.  Probation will be apart of sentencing.  The fine ranges from $1000-$10,000, there is victim restitution, and two points on your driving record. 

If you are convicted of a felony, you could be looking at 2, 3, or 4 years in CA state prison.  A fine ranging from $1000-$10,000, victim restitution, and two points on driving record may also be added.  

A conviction for a felony can be eligible to be reduced to a misdemeanor after successful completion of probation under PC 17(b).  

Defenses to Hit & Run 

Defenses to Hit and Run are: Lack of knowledge, you did not know of your involvement in the hit and run, leaving the scene was not willful (perhaps it was unsafe to remain at the scene or you had an emergency situation requiring you to leave the accident scene immediately), or you were the party injured, and had to be driven away by an ambulance. 

What should you do if you are facing a Hit & Run? 

Contact an attorney immediately.  A hit and run is a very serious crime and getting through the criminal system can be intimidating.  It is important to have a competent and wise attorney by your side. 

Prior to 2021, no matter what the sex crime was, there was a blanket rule that if someone was convicted of that sex crime, one would have to register as a sex offender for the rest of their life.  

But – good news – in 2021, a new law came out, where now, there is a three-tiered sex offender registration system in California.  This law now distinguishes between sex crimes and takes away the automatic lifetime registration requirement. 

Tier 1

-10 years sex registration; 5 years if minor 

-All misdemeanor sex offenses and some minor felony sex offenses, including: 

-PC 314 – Exposing oneself lewdly in public where others are present 

-PC 311.11 – Possession of Child Pornography 

-PC 243.4 – Sexual Battery 

-PC 266(c) – Inducing sex by fraud

-PC 289.6 – Misdemeanor sodomy 

-PC 289.6 – Misdemeanor oral copulation 

-PC 288.4 – Meeting with a minor for lewd purposes 

Tier 2

-20 years sex registration, 10 years if minor 

-Mid-level sex crimes, including: 

-PC 285 – Incest 

-PC 261 – Rape

-PC 286 – Sodomy with minor under 14 years of age

-PC 287 – Oral Copulation with minor under 14 years or age and more than 10 years younger than defendant

-PC 289 – Penetration with a foreign object

-PC 647.6 – annoying a child as subsequent offense (reoffending)

Tier 3

-Lifetime registration

-High level sex crimes, for example: 

-Murder during the commission of rape or forced sexual act

-Kidnapping with rape/sexual act

-Assault with intent to commit felony 

-Sex Trafficking 

-Rape

-Felony sexual battery 

-Spousal rape

-Aiding a rape

-Lewd acts with minor 

-Sex acts on child under 10 years of age

The crimes above are just examples and there are other sex crimes that could go under the tiers.  And, one must remember that even though one may not be pleading to a sex crime, the court may order the person to register as a sex offender if the underlying offense was a result of sexual compulsion or for purposes of sexual gratification.  (See Penal Code 290.006).  

Besides looking at the crime one is being convicted of, how does the court determine what tier one goes in?  

Under Penal Code 290.006(c), the statute lists factors as to what courts look for in determining what tier a sex registrant belongs to.  The court will look at the nature of the offense (as seen above), the age of the victim(s), whether the victim was known to the defendant, the criminal history of the defendant, whether there is past sexual offenses, and the risk of offending again. 

Removal of Sex Registration 

If one has been sentenced to Tier 1 and Tier 2 sex registration, one can petition the court to end the 10 or 20 year registration period. 

Megan’s Law

Once someone registers as a sex offender, their information is generally available to the public on the Department of Justice’s Megan’s Law website.  The website will display the specific sexual offense one has committed in California.  It will also show one’s photo, identifying information (describe what one may look like), and your address may appear as well. 

Expungement – 1203.4 – Can someone expunge their sex crime from their record? 

Short answer – yes – you can. But, it depends on what you have been convicted of.  If it is for a misdemeanor, low level offense, it is possible.  

Contact an attorney today to help you out if you are facing sex registration or the possibility of it.  

California Assembly Bill (AB) 124 amended section 1170 of the Penal Code.  As relevant, it now reads: 

“Unless the court finds that the aggravating circumstances outweigh the mitigating circumstances such that imposition of the lower term would be contrary to the interests of justice, the court shall order imposition of the lower term if any of the following was a contributing factor in the commission of the offense: 

The person has experienced psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence.”  (See Penal Code section 1170, subds. (b)(6) & (b)(6)(A).”  

What this means is that if the defendant can show to the court that he/she was a direct victim of childhood abuse, neglect, exploitation, or sexual violence, the court is required to impose a mitigated sentence.  

For example, let’s say you are being charged with PC 288 – Lewd Acts with a Minor Child Under 14.  PC 288(a) is a felony.  It has a mitigated sentence of 3 years, a mid term sentence of 6 years, and an aggravated sentence of 8 years in prison.  Now, when you were a child, you were sexually assaulted by your father at age 5.  You experienced sexual trauma that carried into your adulthood.  With the law under AB 124, your attorney should have a mitigation report prepared to share with the court and DA that you should not get the mid-term of 6 years or the aggravated term of 8 years, but the mitigated term of 3 years due to your documented childhood trauma.  

There is the possibility that the court may sentence you to the mid or aggravated sentence if the aggravating circumstances outweigh the mitigating circumstances – but, that is why it is key to have an attorney familiar with the rules and court to make these arguments for you.  

Also note – there additionally is a presumption for the lower term when someone has mental illness when committing a sex crime.  What one may have to do is get a psychological evaluation to determine what the contributing mental illness is when the sex crime was committed.  It is incredibly important to investigate and understand the accused’s full background and history to ensure all mitigating factors are explored.  An experienced attorney will have the right questions to ask to get the correct information from you.  Old school reports, previous diagnosis, and doctor notes are helpful in gathering information for building the mitigation report.  When one’s exposure is higher, say, life in prison or 30 years, arguing for the mitigated sentence is key particularly when one has the trauma and illness described in this article. 

Lastly, AB 124 is retroactive.  What that means is that it can be used not only now, but for people who have already been sentenced.  If you were sentenced to a sex crime but your attorney never brought up the fact that you are either a survivor of sexual abuse, have sexual trauma in the past, have a mental illness, etc. – you may be able to bring that up now and be re-sentenced to something lower.  Arguing AB-124 may help you reduce a very harsh sentence and or argue for a better one.  It is time to act now and contact an attorney who can help you find relief. 

You see, though, her boyfriend had been calling her names for years.  He would slap her around whenever he felt like it and cheated on her constantly.  He once gave her a black eye.  

She had been too scared to the call the police.   She was afraid the police would take their baby away from her if she called.  She was afraid that her boyfriend would punish her, hit her more, if she called the police.  She really did not want her boyfriend to go to jail, as he was the main income-earner in their relationship. 

But, that night, when her boyfriend yelled at her, calling her all the horrible expletives, and told her he was taking their 2 year old child to his mother’s house, she had had enough.  And, she pushed him.  She pushed him hard.  She pushed her boyfriend in front of her child.  

The boyfriend calls the police on her.  He tells the police she pushed him, he has red marks to prove she hit him.  He tells the police their baby came between them and yet she still pushed him.  The police ask her what happened and she says – “Yes, I pushed him!”   She explains her side of the story, the history of their relationship, what she has endured.  

The police arrest her.  Law enforcement put handcuffs on her.  They put her in their patrol vehicle.  They take her into custody where she waits to post bail. 

Domestic violence can be tricky,  It is not black and white.  In order for the District Attorney to establish misdemeanor domestic violence, a violation of Penal Code 243(e)(1), they need to show: 

1) The defendant willfully and unlawfully touched the “victim” in a harmful or offensive manner, AND, 

2) The victim is the defendant’s (former) spouse/cohabitant, fiancé, person with whom the defendant currently has, or previously had a dating relationship with, AND, 

3) The defendant did not act in self-defense. 

In the story above, she fits the description of what a violation of 243(e)(1).  She touched, “hit,” a person she was in a relationship with and was not acting in self-defense.  Even though she was abused physically and emotionally in the past, she was not acting in self-defense when she hit her boyfriend when he called her expletives and was taking their child to his mother’s.  

So what does one do in this situation, when in reality, they were actually a victim of repeat domestic violence and they finally pushed back, literally, to stop their abusive spouse from doing things to them they disliked?

There are a lot of ways to work with these set of facts.  For example, explaining to the District Attorney the cycle of violence, providing mitigation and fact specific timelines showing the defendant was never the initial aggressor in the past.  Trying to work with the DA to not even charge the case.  If there are family law records that show poor behavior on the aggressor-partner, provide those to the DA to show the history in their relationship.  And, the defendant can go to to therapy and take classes to show the DA she is working on boundaries/anti-violence to ensure this would not happen again.  

The process can be daunting and an attorney can help.

***The story depicts the “she” as the victim, though, it is understood that he, they, or them, can be a victim as well. 

Petition for Factual Innocence (PC 851.8) or Petition to Seal Records (PC 851.91)

Here are two options: You can file a Petition for Factual Innocence (PC 851.8) or you can file a Petition to Seal your records (PC 851.91).

For a Petition for Factual Innocence, you have the burden of proof of showing that there is no reasonable cause for your arrest. In other words, the police has no reason to arrest you in the first place because you are innocent. This can be a hard one to prove. In the simple battery example used above, the elements for a simple battery are 1) you touch someone, 2) willfully, and 3) in a harmful or offensive manner. So, as long as someone was offended when you touched them, the police could technically have reasonable cause to arrest you for battery.

Now, unless the wrong person was arrested or there are facts not articulated in the arrest report that can be litigated now to change the whole circumstance of the case, a Petition for Factual Innocence could be an uphill battle. DNA, alibi, phone records, witness testimony, affidavits, journals, etc. may be used to prove once’s innocence at a hearing for a Petition for Factual Innocence. And, once you show there is no reasonable cause for your arrest, the burden then shifts to the prosecuting agency to show that there was reasonable cause. The judge will make the final call.

Now, for a Petition to Seal one’s records, all one has to show is that one was arrested, but never convicted. Or, one may have been arrested, or later have been acquitted, or their charges were reversed or vacated on appeal. Basically, so long as someone was never formally declared guilty of a criminal defense, made by the verdict of a jury, plea, or decision by the court, a Petition to Seal one’s records could be a great option.

A Difference between a Petition for Factual Innocence and Petition to Seal Records

A difference between a Petition for Factual Innocence and a Petition to Seal Records is that in the former, one’s record is sealed and destroyed. Meaning, once it is destroyed, there is no evidence one was ever arrested. Law enforcement is required to destroy all records of the arrest (photographs, police reports, etc.) after three years of the granting of the request. In the latter, however, one’s record is simply sealed. It is not destroyed. Though, for the purposes of answering the question of whether one has been arrested or not after one’s records are sealed, one can honestly answer “no” if their records were indeed sealed. Nevertheless, with a Petition to Seal your arrest records, if you want to become a peace officer, apply for public office, apply for licensure, or work for the California Lottery Commission, you are not relieved of your obligation to disclose the arrest. (But, your arrest is still sealed).

The nuances can be tricky so contacting an experienced Criminal Defense Attorney is important to your success.

No, he spilled the beans. 

And, this is more common that one may think.  

So, what should you do if you if someone accuses you of molestation or if you believe you are being investigated for molestation?  It is important you take immediate action.  Specifically, hire Kristine Koo, an experienced criminal defense attorney who works on sex crimes/sexual assault, to help you fight the allegations, accusations, and/or charges.  Here are a couple tips if you are being accused of molestation: 

1. Contact legal counsel immediately.  Why?  Because if a child is accusing you of molestation – it is highly likely that the child or parent has gotten the police involved.  And if the police get involved, they likely will call you or do a covert call (i.e. – have a recorded call to your phone by someone other than the police) to get your statements.  Remember – everything you say can and will be used against you – and sometimes that statement you made to the police is the statement the district attorney relies upon when filing their charges against you.   
2. Limit what you say.  Do not make any statements that could incriminate you.  This may sound redundant – but this is key as a lot of sex crimes are corroborated by the accused’s own statements.  A statement such as “I did nothing wrong,” or “I never touched anybody inappropriately” could be construed as an admission of guilt.  Saying “I’m sorry,” just to say, “I’m sorry” is also never a good idea.  So, it is best to limit your interaction with the accusing person and contact your attorney immediately. 
3. Do not interact with the accuser.  The accuser may be hot and cold and you do not want to do anything to upset this person as they may complain more to the district attorney when questioned by them.  Don’t try to fix the relationship or appease them as this could backfire.  Their may be a restraining order as well preventing you from interacting with the accuser and violating that can get you into more trouble.  

Back to the story as narrated above, the statements the defendant made to law enforcement were used directly against him in a jury trial.  His statements, in fact, were recorded and played to the jury.  His statement was over 45 minutes long.  The defendant tried to backtrack what he said by taking the witness stand and testifying.  But, despite his testimony, the jury convicted the defendant.   

The point of this story is that it is very important to invoke your rights to an attorney, and silence, to prevent what happened to this defendant from happening to you.  Yes, there are motions one can file to suppress one’s statement if the custodial interrogation was unconstitutional.  But, relying on this, as opposed to simply invoking your rights at the onset, is simply not the better option.  And, there may be no constitutional violation – but of course, an experienced criminal defense attorney in sex crimes will verify this.  

Time is of the essence when you are being investigated or charged with molestation charges.  Contacting an attorney immediately can help you with your case.