Sex crimes against children are among the most punitive crimes in California, and carry severe penalties.
Sex Crimes Penalties
These severe penalties include lifetime incarceration and mandatory registration as a sex offender, pursuant to Penal Code 290. They encompass a variety of charges and all elicit highly-charged emotions from judges and juries, which is why it is critical that an individual accused of one of these offenses hires a skilled California criminal attorney who specializes in sex crime defense and who knows the most effective ways to defend against the devastating and life-changing consequences that such a conviction carries.
Felony Aggravated Sexual Assault
A felony aggravated sexual assault charge subjects the offender to fifteen years to life in prison. This conviction occurs when the act is against a child who is younger than 14. Additionally, if the child is seven or more years younger than the accused.
To clarify, these acts include:
- Rape. Using force, violence, or threats to kidnap, falsely imprison, or inflict extreme bodily injury or death upon the victim or another, or when the accused acts in concert with another,
- Sodomy. Under the same circumstances mentioned above,
- Oral copulation. Under the same circumstances mentioned above,
- Sexual penetration. Committed against the victim’s will by means of force, violence, or intimidation.
The court imposes a consecutive sentence for each offense that results in a conviction. In fact, each conviction includes each separate violation regardless of same or different victim. If the violations occur on separate occasions, they treat them as separate crimes to prosecute.
Sentencing
A judge grants a prison sentence of 25 years to life upon conviction of an individual in one specific circumstance. For this sentence, the accused is over the age of 18 and engage in sexual intercourse/sodomy with a child who is 10 years of age or younger. Fifteen years to life will be imposed in conjunction with a conviction for orally copulating or sexually penetrating a minor 10 years of age or under by an individual 18 years of age or older.
Continuous sexual child abuse will be charged against an individual who either lives with the abused child under the age of 14 or who has recurring access to the child and engages in three or more acts of substantial sexual conduct (which means oral copulation, masturbation or sexual penetration) or three or more acts of lewd or lascivious conduct (which means any act done with the intent to arouse, appeal to or gratify the lust, passions or sexual desires of the accused or victim) over a minimum three-month period. A conviction for this offense carries a six, twelve or sixteen-year prison sentence. A defendant may be charged with only one count under this section unless the other charged offense occurred under a different time period or more than one victim was involved.
Harmful Matter
The least serious sex crimes against children involve situations where an individual knowingly:
- Distributes, sends, or exhibits any harmful matter (that is, sexual material that lacks serious literary, artistic, political or scientific value for minors)
- To a child with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of him or herself or the minor,
- With the intent or purpose of seducing the minor.
Consequently, upon a first conviction, the accused faces either a misdemeanor or a felony. Therefore, the crims results in up to one year in jail or prison. However, upon a second or subsequent conviction, the crime is automatically classified as a felony. Distributing, sending or exhibiting these materials in aid of legitimate sex education or scientific educational purposes will serve as a defense to this crime.
A person convicted of any of the above acts against a child under 14 shall not have a suspended sentence. That is, not until the court obtains a report from a psychiatrist or psychologist. The report is so the court can see the mental condition of the accused.
Hire an Attorney
The outstanding criminal defense lawyers at The Kavinoky Law Firm are masters in the defenses pertinent to these sex crimes. Additionally, the ways in which they are most successful. To secure an unparalleled defense and the most trusted legal advice, call them today for a free consultation. Rest assured, the firm commits itself to securing the best outcome for its clients.
We staff only the best lawyers in California so we can defend you to the best of our ability.
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