Sexual penetration with a foreign or unknown object, a sex crime in California, occurs when there is any penetration, no matter how slight, of the genital or anal opening of another, done for the purpose of sexual arousal, gratification or abuse, by any foreign object, substance, instrument, device or by any unknown object. Causing another to penetrate his or her own genital or anal opening for the same purpose will also constitute a sex crime offense, as will an attempt to penetrate. A foreign object, substance, instrument, or device includes any part of the body (other than a sexual organ) and an unknown object can include anything (including a part of the body) if the alleged victim does not know what is penetrating him or her. If convicted, the defendant faces severe penalties, which include up to nine years in prison for one offense (more if convicted of multiple acts), registration as a sex offender, pursuant to Penal Code 290, and a social stigma that will affect every facet of the defendant’s life. It is imperative that the accused hires a skilled California sex crime criminal attorney who knows how to successfully defend against this crime that will be viewed by the judge and jury as deviant sexual behavior.

The penalties for this offense vary. The less serious charges include situations where an individual penetrates a person under the age of 18 with a foreign or unknown object, or where a person so penetrates another who is incapable of giving consent due to a mental or physical disorder (a fact that was known or reasonably should have been known by the accused) and both the accused and the alleged victim are confined in a state hospital or treatment facility. Under either of these scenarios, the accused faces either a misdemeanor or a felony, punishable by up to one year in jail or prison and must register as a sex offender.

An individual who is over 21years of age and penetrates an individual younger than 16 years of age with a foreign or unknown object will automatically face a felony. If the alleged victim is under the age of 14 and more than 10 years younger than the accused, the accused faces three, six or eight years in prison. When charged with a crime against a child, it is even more critical that the accused retains counsel that specializes in this emotionally charged area of the law.

The more seriously punished cases involve force, threats or conspiracies. The accused will face a three, six or eight year prison sentence if he or she violated this law while using force, violence or threats of any kind to accomplish the act, or if he or she violated this law by penetrating an individual who wasn’t capable of consenting, due to a mental or physical disability (a fact that was known or reasonably should have been known by the accused), due to a state of intoxication (a fact that was known or reasonably should have been known by the accused), due to the fact that he or she was unconscious (a fact that was known by the accused) or by penetrating an individual who consented under the false belief that the accused was his or her spouse (a belief that was intentionally induced by the accused). The most serious charge results when the defendant is alleged to have voluntarily acted with another (either personally or by aiding and abetting the other) and penetrated the alleged victim with a foreign or unknown object and used force or violence to accomplish the act against that victim’s will. If proven, a five, seven or nine year prison sentence will be imposed.

The exceptional criminal defense lawyers at The Kavinoky Law Firm provide their clients with the most aggressive, carefully crafted and passionate defense possible. They have mastered this highly-charged area of the law and know how to effectively communicate all applicable defenses to the judge and jury. Contact them today for the most trusted legal advice and for a free consultation.

Oral Copulation (Penal Code 288a and 290)

Oral copulation (Penal Code 288a) is any contact, however slight, between the mouth of one person and the sexual organ or anus of another. Oral copulation will be treated as a sex crime under a variety of circumstances (even if the crime is only attempted) and whether it is charged as a misdemeanor or a felony will primarily depend on the ages of the accused and the alleged victim, and on the circumstances that surrounded the charged incident. Depending on the severity of the offense, an individual accused of this crime faces up to eight years in prison and will definitely be required to register as a sex offender, pursuant to California’s Penal Code 290.

The most effective way to avoid these penalties is to hire a criminal defense lawyer who knows how to successfully and discretely defend these types of cases. The exceptional attorneys at The Kavinoky Law Firm have mastered this unique area of the law and are dedicated to helping their clients defend against the life-changing consequences that coincide with an oral copulation conviction.

Unlawful oral sex is a chargeable offense under a number of circumstances. It may be charged against any individual (even another minor) who participated in an act of oral copulation with another person who was younger than 18 years of age at the time of the incident as a misdemeanor, punishable by up to one year in jail, or as a felony, punishable by up to one year in prison. If the accused was over the age of 21 and engaged in oral copulation with another who was under the age of 16, he or she will be charged with a felony. The offense may also be charged against an individual who had oral sex with another who was under 14 years of age and more than 10 years younger than the accused, as a felony, punishable by a three, six or eight year prison sentence.

If the alleged victim engaged in oral copulation with the accused because the accused either forced him or her into doing so or threatened to hurt him or her or another if he or she didn’t, the accused faces a felony, punishable by three, six or eight years in the state prison. An individual will face the same sentence if he or she engaged in oral sex with an alleged victim who was unconscious (which was known by the accused), who was prevented from resisting due to intoxication (which was known or reasonably should have been known by the accused), who submitted under the belief that the accused was the victim’s spouse (a belief that was induced by the accused with the intent of inducing such a belief), who was reasonably convinced that he or she or another was going to be incarcerated, arrested, or deported, because he or she believed that the accused was a public official, or who was incapable of giving consent due to a mental or physical disability (a fact which was known or should have been known by the accused).

If the alleged victim suffered from a mental or physical disorder that rendered him or her unable to consent (and that fact was known by the person accused of committing the act) or was threatened or forced into the oral sex act and the accused was voluntarily acting in concert with another (either personally or by aiding and abetting that other person), he or she faces a felony, punishable by imprisonment in state prison for five, seven, or nine years.

Prisoners or those who engage in oral copulation with another while both individuals are confined in a state hospital or treatment facility will be charged with either a misdemeanor or a felony, punishable by up to one year in jail or prison.

The good news is that there are a variety of defenses that the skilled criminal attorneys at The Kavinoky Law Firm know how to effectively convey to the judge and jury that will cast reasonable doubt as to the validity of the charge. For unsurpassed legal advice and representation, contact them today for a free consultation.

Sodomy is a California sex crime that takes place when there is any sexual contact between the penis of one person and the anus of another. Sodomy may be charged as either a misdemeanor or a felony, depending on the severity of the case. Regardless of how it is classified, a conviction carries the requirement that the guilty party register as a sex offender, in accordance with California Penal Code 290. A skilled criminal defense lawyer who specializes in California sex crimes is the key to securing a favorable outcome, as he or she is the most qualified to represent a client charged with this type of emotionally unique and socially stigmatized case.

Sodomy, much like rape and oral copulation, may be charged under a variety of circumstances. The more aggravated the offense, the more severe the punishment. Some of the less serious sodomy charges involve situations where the accused (who can be any age) engages in sodomy with a person who is under the age of 18, where the accused engages in sodomy with another while both are incarcerated or where the accused engages in sodomy with another while both are confined in a state hospital or other treatment facility, and the alleged victim is incapable of giving consent due to his or her mental or physical disability (a fact which is known or should have been known by the accused). Under any of these scenarios, a defendant would face either a misdemeanor or a felony, punishable by a maximum one-year jail or prison sentence.

The other circumstances under which an individual may be charged with this crime lead to more serious penalties. Anyone over 21 years of age who engages in sodomy with another who is under 16 years of age will automatically be charged with a felony. Likewise, anyone who engages in sodomy with someone who is under 14 years of age and who is more than 10 years younger than he or she will automatically be charged with a felony and faces three, six or eight years in state prison. It should be noted that attempted sodomy will be criminally prosecuted as well, since the act would have been accomplished but for some intervening force (which typically means that the alleged victim was able to defend against the unwanted act).

Any force, intimidation or threats that the accused used in order to sodomize the alleged victim will also lead to a three, six or eight year state prison sentence. Similarly, if the alleged victim was unconsciousness at the time of the alleged offense (and that fact was known by the accused), or lacked the capacity to consent due to intoxication (and that fact was either known or should have been known by the accused), consented (believing that the accused was his or her spouse because the accused induced him or her into believing so) or lacked the capacity to consent due to a mental or physical disability (and that fact was either known or should have been known by the accused), the accused will face the same three, six or eight year state prison sentence.

The most aggravated sodomy offense occurs when an individual voluntarily acts in concert with another person, either personally or by aiding and abetting that other person, to engage in sodomy against the will of the alleged victim. Under that type of scenario, the accused faces imprisonment in the omit state prison for five, seven or nine years. It must be noted that consecutive sentencing applies to California sex offenses, which means that a defendant convicted of multiple illegal sex acts could actually be imprisoned for life.

The outstanding criminal attorneys at The Kavinoky Law Firm meticulously analyze and review all the facts of every case to determine what defenses will be the most effective and which evidentiary issues might lead to a reduced charge or an early dismissal. They have mastered California sex crime defense, which is clearly revealed in their skill and practice. For the most trusted legal advice and unequaled representation, contact the Kavinoky law firm today for a free consultation.

Prosecutors are increasingly targeting adolescents for “sexting” – sending naked or sexually suggestive pictures of themselves with cell phones or posting them on the Internet. These “sexting” teens can face charges of possessing or distributing child pornography.

While no one wants to see their teenager “sexting” – these images can negatively impact a teen for years to come – prosecuting adolescents under child porn laws isn’t the answer. However, although several judges have barred prosecutors from pursuing these charges, your child’s reputation could be harmed by any involvement in this type of investigation. If your teenager is involved in a “sexting” investigation in any way, it’s important to consult with an experienced lawyer.

California child pornography charges carry extraordinarily harsh repercussions that can include incarceration and lifetime sex offender registration. Even a teenager convicted of child porn for relatively harmless “sexting” could face this punishment, so it’s critical to fight aggressively for your teenager’s rights.

Teenagers with access to technology are naturally going to push the boundaries, and adolescents are bound to experiment. Even teens who send a photo to only one other recipient with no intention of distributing the image more widely have been targeted by “sexting” Be sure to educate your teen about the hazards of “sexting” and the dangers of being charged with child pornography.

An attorney who completely understands California’s child pornography laws and the issues surrounding “sexting” is your family’s best protection against overzealous prosecution. For more information about “sexting” and child pornography laws, please contact a skilled criminal lawyer from The Kavinoky Law Firm today at 1-877-4-NO-CUFFS for a free consultation.

California Sex Crime Charges

There are many criminal charges that can be filed in a California sex crime case, and all of them carry potentially harsh punishment that can include jail or prison time and mandatory registration as a sex offender.  Fortunately, an experienced California defense lawyer can aggressively fight a sex crime charge. The top California defense lawyers of The Kavinoky Law Firm are well-versed in the most advanced defenses to sex crime charges, and will take every step available to fight for your rights.

California sex crime charges fall into two categories – misdemeanors and felonies. The main difference between the two is the possible punishment they carry. Misdemeanors are punishable by up to one year in county jail, and can also result in a number of other penalties, including fines and sex offender registration. Felonies are punishable by a year or more in state prison and other substantial repercussions. Some California sex offenses fall into a category of offenses known as wobblers, which means they can be charged as misdemeanors or felonies. Prosecutors often choose to charge wobbler sex offenses as felonies because of the potential for harsher punishment.

These are some of the charges that can be filed in a California sex crime prosecution:

Internet pornography – also called sexually exploiting a child – can be charged against an adult who knowingly develops or exchanges any data or images that depict a minor engaged in sexual conduct. Advertising or distributing obscene materials or possessing such materials with the same content can also result in criminal charges.

Lewd or lascivious acts can be filed as a felony against an individual who willfully and lewdly commits a lewd or lascivious act with a child under the age of 14 or as a misdemeanor or felony against a person who does so with a child who is 14 or 15 years old if the accused is at least 10 years older than the child. Lewd or lascivious acts are prohibited under California Penal code section 288.

Rape can be charged against anyone who has sexual intercourse with someone (who is not the spouse of the accused) either against that person’s will or without that person’s consent. Spousal rape can be charged under similar circumstances when the accuser and the defendant are married. Statutory rape may be charged under any circumstances where the alleged victim is under 18.

Oral copulation charges can be filed if the accused either gives or receives oral sex with any person against his or her will. A sodomy charge can be filed when an individual’s penis or anus comes into contact with the penis or anus of another against that person’s will. If the accused uses a foreign object to penetrate the genital or anal opening of another under any of these circumstances, the individual can face additional charges.

Indecent exposure is a California sex crime charge that can be brought against an individual who either exposes him- or herself or persuades another to do so in a public place (or in a private home without consent) if the action is either offensive or done to provoke vicious or lewd thoughts.

Prostitution (California Penal code 647b) and/or pimping and pandering charges can be brought against an individual who solicits a prostitute, runs a “brothel” or procures another for the purpose of prostitution. If the accused is pimping a minor or pandering with a minor, additional repercussions can be applied.

Authorities can file bigamy charges against an individual who is simultaneously married to more than one person. Incest charges can be brought against individuals who marry or have sexual relationships with one another.
An individual who sexually assaults an animal for his or her own sexual gratification will be charged with sexually assaulting an animal.
Abduction for marriage may be charged against an individual who either forces a woman to marry him or another or against an individual who causes a woman to be defiled.

An individual who commits an act that is sexual in nature against a minor and thereby causes that minor to become a dependant of the state can be charged with contributing to the delinquency of a minor. Any sex offense that is committed against a minor will likely result in enhanced sentencing, as that is typically considered an aggravating factor.

The bottom line is that California sex crime charges carry extremely harsh penalties, and your only chance of avoiding them is to fight back with the help of a skilled attorney. The experienced California defense lawyers of The Kavinoky Law Firm are skilled in every aspect of defending sex crime charges, and will do everything possible to safeguard your freedom and your reputation. Contact a top California defense attorney today at 1-800-NO-CUFFS for a free consultation.