Sex Crimes
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In California, sex offenses are aggressively prosecuted and heavily punished. They include a variety of criminal sexual behaviors and are typically charged as felonies, though some lesser offenses are charged as misdemeanors. Although the penalties for sex crime convictions are severe and can be life changing, there are a number of defenses available that the skilled criminal attorneys at The Kavinoky Law Firm know how to effectively apply. The following is a list and brief description of some of the most commonly charged California sex offenses.
Internet
pornography (otherwise known as sexually exploiting a child)
may be charged when an adult 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, California Penal code 288, may 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.
Rape may
be charged when an individual has sexual intercourse with another
(who is not the spouse of the accused) either against that person’s
will or without that person’s consent.
Spousal
rape will be charged under the same circumstances when the alleged
victim and the accused are married. Statutory
rape may be charged under any circumstances where the alleged
victim is a minor. Oral
copulation can be charged under any of the above circumstances
if the accused either gives or receives oral sex and the same can
be said for a sodomy
charge if an individual’s penis or anus comes into contact with
the penis or anus of another. If the accused uses a
foreign object to penetrate the genital or anal opening of another
under any of these circumstances, he or she may face prosecution
for that as well.
Indecent exposure
may be filed when an individual either exposes him or herself or
persuades another to do so in a public place (or in a private home
without consent) that is either offensive or done to provoke vicious
or lewd thoughts.
The criminal charges of prostitution
(California Penal code 647b) and/or pimping
and pandering will result if an individual 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, special
penalties will apply.
Crimes that apply to families include bigamy,
which will be charged if an individual is simultaneously married
to more than one person and incest,
which takes place when family members either 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.
If an individual either commits an act or fails to perform an act
that is sexual in nature against a minor and thereby causes that
minor to become a dependant of the state, he or she will be charged
with contributing to the delinquency
of a minor. On that note, any sex
offense that is committed against a minor will likely result
in enhanced
sentencing, as that is typically considered an aggravating factor.
Criminal prosecution may also face those who attempt to commit certain sex crimes, even if the attempt fails. It is also worth noting that individuals who commit specific sex crimes more than once will face harsher punishment with each subsequent offense.
The experienced criminal defense
lawyers at The Kavinoky Law Firm specialize in sex crime defense
and pride themselves on their unsurpassed level of service. For
outstanding legal advice and representation, contact them for a
free
consultation.
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