Criminal in Jail

SEX CRIMES IN CALIFORNIA

What is a sex crime?

Any misdemeanor or felony of a sexual nature, including rape, oral copulation, lewd conduct, failure to register as a sex offender, grabbing someone’s genitals in public to annoy someone.

As you can see there is a broad spectrum of what goes into a sex crime.

Some of the more common ones are:

Date rape

Many times when young people go out and drink, they have sex with someone and it is consensual, however, they may get “buyer’s remorse” for a litany of reasons, such as: embarrassment or reputation. This is when the person may press charges. On the other hand, date rape can be a viable claim, especially when a date rape drug such as “GHB” or gamma-hydroxbutyric acid.

The nicknames for GHB are:

Easy-lay

Georgia home boy

Scoop

Soap

Salty water

Organic Quaalude or;

Fantasy

There are other drugs, even alcohol that may be deemed a “rape” drug.

Failure to register as a sex offender

PC 290 requires that a person convicted of a sex crime must register under Megan’s Law. If the person is transient, they must register every 30 days. Moreover, their DNA goes into a National data base.

Indecent exposure

Under PC 314, California law defines indecent exposure as willfully exposing your naked body or genitals to another person who would be offended or annoyed by it. This is generally a misdemeanor but comes with the sex registration requirement.

Lewd Conduct

PC 647(a) generally a misdemeanor is defined as touching your private parts (or another’s) when you do so:

For the purpose of sexual gratification; or to annoy or offend someone else.

Private parts are: a female breast, the buttocks, or the genitals.

This also carries with it the mandated sex offender registration.

Oral Copulation by force or fear

Also known as “oral cop”

PC 288a is a felony in California and carries with it penalties such as:

3, 6 or 8 years, in state prison, a fine up to $10,000, sex offender registration. (lifelong)

If the victim is a minor, the penalties increase.

Prostitution

PC 647(b) is a misdemeanor in California. Defined as offering to pay or accept money or something of value in exchange for a sexual act. The law applies to both the prostitute and the recipient of their services.

Pimps

The middleman can be arrested for violating PC 266h or supervising or aiding a prostitute under PC 652.23.

Sexual Battery

PC 243.4 in California is described as touching the intimate part of another person, against the person’s will, for the purposes of sexual gratification, arousal or abuse. It is a wobbler and can be charged as a misdemeanor or felony. A misdemeanor requires sex registration for 10 years.

Due to the #metoo movement, civil lawsuits by victims of sexual assault have become more common.

Sexual Assault

PC 261 defines rape or sexual assault as using force, threats of force or fraud as a means of non-consensual sexual intercourse with another person. It is punishable by up to 8 years in state prison.

Statutory Rape

Also known as “Stat Rape” is defined in PC 261.5 as unlawful sex with a minor. This happens when any person engages in sexual intercourse with a minor under the age of 18, regardless of whether the sex was consensual or not. It is a wobbler and may be charged as a misdemeanor or felony.

Legal Defenses: (except statutory rape)

Consent

Insufficient Evidence

False allegations or innocence.

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