California sex offense enhancements

“Enhancements” are penalties that are added to one’s punishment for committing a crime when aggravating circumstances were present. Unless specified, the judge has discretion whether to impose an enhancement consecutively to or concurrently with the underlying sentence. When consecutive sentences are imposed, an individual’s prison time quickly adds up and he or she may ultimately face lifetime incarceration. The skilled criminal attorneys at The Kavinoky Law Firm know the most effective ways to avoid these types of sentences.

The following are some of the most commonly imposed enhancements for California sex offenses:

When an individual is convicted for a felony violation of statutory rape, sodomy, lewd or lascivious acts or oral copulation under specific circumstances and the offense was committed with a person under 18 for money or other consideration, he or she faces one year in prison in addition to the sentence that he or she received for the underlying offense

When an individual is convicted of lewd or lascivious acts with a child under 14 or with the continuous sexual abuse of a child and has a prior conviction for rape, spousal rape, rape in concert, the aggravated sexual assault of a child, incest, sodomy, lewd or lascivious acts, oral copulation, the continuous sexual abuse of a child or forced penetration, he or she faces a five-year enhancement for the prior violation. An individual who has suffered two or more of these priors faces 15 years to life in prison.

An individual convicted of certain acts of rape, spousal rape, rape in concert, sodomy, lewd or lascivious acts, the continuous sexual abuse of a child, oral copulation or forced penetration will receive a five-year enhancement for any prior conviction for one of these offenses. An individual convicted of one of these offenses who has served prison terms for two or more of these offenses will receive a 10-year enhancement for each prior term. A full, separate and consecutive term may be imposed for each violation if the crimes involved the same victim on the same occasion (which is usually prohibited). A full, separate and consecutive term will be imposed for each violation if the crimes involved separate victims or involved the same victim on separate occasions. In addition to these enhancements, an individual convicted under any of these circumstances also faces a maximum $20,000 fine.

If an officer arrests an individual for a crime specified in Penal code 290 (an offense that requires sex offender registration) and that individual is an employee of a California public school, the officer is required to notify the superintendent of that individual’s district. It should be noted that a registered sex offender is prohibited from receiving any publicly funded prescription drugs or other therapies that are offered to treat erectile dysfunction or from applying for or accepting a job or volunteer position where he or she would be working with minors without disclosing his or her registered status. If the individual is registered because of a conviction that involved a minor under 16, he or she is prohibited from holding such a position, period. Any violation of these rules will result in an additional misdemeanor charge. .

An individual who flees to California with the intent of avoiding prosecution or incarceration for an offense specified in Penal code 290 will receive an additional misdemeanor charge and, if convicted of the underlying charge, will receive an additional and consecutive two-year sentence.

Probation will not be granted to anyone convicted of specified acts of rape, rape in concert, sodomy, oral copulation, penetration with a foreign object or employing a minor for prohibited acts or of pimping, pandering or procuring a minor or of the aggravated sexual assault of a child. Probation may be granted (under unusual circumstances) to an individual convicted of less severe acts of rape, sodomy, oral copulation or penetration with a foreign object.

For the most trusted legal advice about a California sex-offense, contact the exceptional sex crime defense attorneys at The Kavinoky Law Firm today for a free consultation.