Sexual Offense Charge And Sex Crimes

Sexual Offense Charge And Sex Crimes

New Law 2017 

-PC § 1203.065 

    "This bill prohibits a court from granting probation if a person is convicted of rape, of any sexual assault if the victim was either unconscious or incapable of giving consent due to intoxication."

-PC § 799 Statute of Limitations Eliminated for Rape, Felony Child Molestation and Others

    "Before this bill prosecution of a felony sex offense generally had to be commenced within 10 years after the offense. if the victim was under age 18, prosecution for rape, sodomy, lewd or lascivious, The New Law for 2017 acts, continuous sexual abuse of a child, could be commenced prior to the victim’s 40th birthday."

This bill allow the prosecution of rape, any continuous sexual abuse of a child, that are committed under certain circumstances to be commenced at any time.

    A sexual offense occurs when certain sexual acts are perpetrated against a victim without his or her consent, both the behavior and the physical nature (body parts, etc) of a sex offense. 

      Sexual assault on college campuses are and have been an ongoing problem, it's good to see Sexual assault bill catered for it, universities adopting California's new law "yes means yes'', silence is not consent, on college campuses, It's a beginning! This law should be evolved to be more practical to be implemented in court by sex crime attorneys. One in five women on college campuses are experiencing sexual assault, in addition to the ones who never mention or report it, also of the males who experience sexual assault never ever mention it. 

    Facing charges of this nature can lead to catastrophic, life-changing events, including lengthy prison stints and carrying the label of “sex offender”. If you are facing charges of a sexual nature, you need all the help you can get.

    There are many offenses that are classified as sex crimes. Whether the alleged victim is a child, a stranger, or someone you are close with, the allegations against you no doubt have you worried about your future.

    "I was under the influence of alcohol, drug, prescription drugs.", none of these are good enough excuses to prevent charges, arrests and what follows by law.

Felony Sex Offenses

  • Forcible Rape
  • Spousal or Date Rape
  • Statutory Rape
  • Sexual Battery
  • Lewd and Lascivious acts
  • Child Pornography   

Misdemeanor Sex Offenses

  • Improperly Touching a Child
  • Indecent Exposure
  • Prostitution or Solicitation

    These are all very serious criminal offenses. If convicted of any of these, you could be facing anywhere from a few months to several years in prison.

Teens posting nude selfies can and will endanger themselves and invite sex offenders and sexters, please do not post nude selfies online. Do 

read this warning L.A. Sheriff Warns Kids About the Dangers of Sending Nude Selfies LA Sheriff's Dept. does not issue warnings of personal habits unless it has caused measurable amount of damage and has accumulated numerous victims.

“Sexting” Related Offenses

    There are laws relating to unlawful electronic communication of sexual material to minors, via computer or cell phone, commonly referred to as “sexting”. Sending or receiving explicit text messages or photos, or other phone or email communication with a minor is a crime. Common charges are:

  • Communicating with a minor with the intent of a lewd act
  • Possession of harmful matter depicting a person under eighteen
  • Sending harmful matter with the intent of seduction
  • Sexual exploitation of a minor

     Sexting is a serious criminal offense, it will land you in jail. It is never taken lightly; some might think of getting around the crime by calling it flirting or joking, that is never the case.

Statutory Rape: Defined as an adult having sex with a minor. According to California law, no one under the age of 18 can consent to sex. This means, if you are 19 and your girlfriend is 17, you could, technically be charged with this offense.

Lewd and Lascivious Acts: This is a very complex offense with many potential variables. It is commonly called child molestation. Your charge and potential sentence for this crime can depend on the acts committed and the age of the child.

Forcible Rape: What people commonly refer to as general “rape”. Forcible rape can happen between any two people when sex is not consensual on the part of one.

Sexual Battery: This is a general sex offense that can be applied to many circumstances where elements of other charges can’t be fulfilled

Sex Offender Registration: In addition to prison time and fines, when you are convicted of a sex offense, you are forever labeled a sex offender. Sex offenders must register and be tracked no matter where they move. As a sex offender, anyone can look on line and learn where you live and potentially even details about your conviction.   d. Touching someone in a sexual manner when that contact is unwanted can be considered sexual battery.

Sex offense conviction can change your residential and employment opportunities. Don’t underestimate the far reaching consequences of being convicted of a sex offense.
    If you are facing charges, you need someone willing to hear your side of things. You need this experienced attorney who will aggressively defend your interests.

"Yes means Yes" silence is not consent, the consent must be in spoken words Did you know that if an individual changes mind during sexual act and expressed that in words it is no longer consensual act, wearing a condom or having been married or is married and dating said individual is not enough by itself to constitute consent.
Senate Bill No. 967 CHAPTER 748
"Affirmative consent,” the law says, “means affirmative, conscious and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent.” 
(626)795-1750

California Laws on DNA Testing for the Convicted
By (Jeff Stein)
In California, an incarcerated felon can be exonerated through forensic DNA testing.
California allows forensic deoxyribonucleic acid (DNA) testing for anyone convicted of a sexual or violent crime. DNA testing is a tool used by law enforcement, prosecutors and district attorneys to expeditiously and accurately identify and exonerate any innocent individual convicted of a felony. Under certain circumstances, California law allows convicted felons to request forensic DNA testing in attempts to prove their innocence.

California Penal Code Section 1405

According to the California Penal Code Section 1405, 
any incarcerated felon has the right to request forensic DNA testing for the possible purpose of exoneration. The written request must be made to the trial court that found the inmate guilty. If the individual making the request is indigent, the court will provide legal counsel, for the sole purpose of representation in the process of forensic DNA testing. The defendant should include in his written statement his claim of innocence, and that the forensic DNA testing is critical to proving his innocence. The defendant must provide the court with statements as to why the DNA testing may exonerate the convicted person. The cost of the DNA testing is covered by the state. The court will order testing, if the DNA is available, and in a condition to be successfully tested.

Proposition 69
Proposition 69 is referred to as the "DNA Fingerprint, Unsolved Crime and Innocence Protection Act", according to the office of the California attorney general. Prop 69 is a state law that allows law enforcement to utilize forensic DNA testing to exonerate any juvenile, or adult convicted of a felony who is serving time in prison. California law requires any person arrested, charged or convicted of a homicide, a violent crime or a sex crime to submit to forensic DNA testing. Blood is drawn and thumb and palm print impressions are collected. The evidence must be given to the California Department of Justice Laboratory or any lab authorized to receive the evidence. If the trial court finds the defendant to be innocent, he can be set free.

Senate Bill 1342
On January 2001, then-Gov. Gray Davis signed Senate Bill 1342 into law after it passed the California Legislature. According to the California Attorney Generals' Office, the "post conviction testing law" ensures that DNA evidence is properly retained for future testing, and allows inmates who believe they have been wrongfully convicted of a felony to request in writing that the trial court order forensic DNA testing in an effort to prove their innocence. On January 2001, the Former California Attorney General Bill Lockyer created a "Post conviction Testing/Evidence Retention" task force to assist law enforcement and prosecutors in implementing Senate Bill 1342. The task force is responsible for overseeing law enforcement's efforts at collecting, maintaining and properly storing DNA evidence after an individual is convicted of a felony. The task force is only authorized to offer recommendations and guidance to law enforcement. The police have no legal obligation to adhere to the task force's advice.