Prohibited sexual conduct by public entity employees

California regulates the sexual activity of those who are responsible for providing care to others in public treatment facilities and public detention facilities by prohibiting sexual activity with those who are involuntarily confined within these institutions. If convicted of this type of sex crime, the accused faces either a misdemeanor or a felony and will most likely lose his or her job as well. The outstanding criminal attorneys at The Kavinoky Law Firm specialize in California sex crime defense and are dedicated to protecting their clients from these devastating penalties.

Any employee or officer of a public entity treatment facility or adult or youth detention correctional facility or any employee, officer or agent of a private facility that contracts with a public facility who either rubs or touches the breasts or sexual organs of an adult who is involuntarily confined in such an institution or of oneself in the presence of and with knowledge of the patient or inmate, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of oneself or of the other will be charged with a misdemeanor, punishable by up to six months in the county jail and a maximum $1,000 fine.

Any person who holds a position described above who engages in “sexual activity” with such a confined individual will face either a misdemeanor or a felony, punishable by up to one year in the county jail or state prison and a maximum $10,000 fine. Within this context, “sexual activity” refers to sexual intercourse, sodomy, oral copulation or sexual penetration.

If an individual is convicted of this offense (and was previously convicted of a violation of this section) the charge will be labeled a felony. Anyone who is convicted of a felony violation of this section who is employed by a Youth and Adult Correctional Agency will be terminated and will not be eligible to be hired or reinstated by a Youth and Adult Correctional Agency.

It must be noted that consent is assumed with respect to this crime and therefore will not serve as a defense to the charge. It will be a defense, however, that the alleged sexual activity took place between consenting adults during an approved overnight conjugal visit or as the result of physical contact or penetration that was made pursuant to a lawful search or due to bona fide medical examinations or treatments.

In order to best avoid the consequences that may be imposed in connection with this charge, it is imperative that the accused hires a criminal defense lawyer who has mastered California sex crime defense. The skilled attorneys at The Kavinoky Law Firm have done just that. They all receive on-going education and training with respect to this specific area of the law and keep up-to-date with sex crime laws, defenses and cutting edge trial strategies. This knowledge gives them a leg up on the competition and gives their clients a tremendous advantage over the criminal courts system. With law offices located in Los Angeles and throughout this state, they are conveniently located for anyone in need of a defense lawyer who focuses on California sex crime defense. Contact the firm today for a free consultation, for the most trusted legal advice and for unsurpassed representation.