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.

Indecent exposure, in California, will be charged against an individual who willfully and lewdly either exposes his or her person (or the private parts thereof), in any public place, or anywhere where there are people who may be offended or annoyed, or who counsels or assists another to publicly expose him or herself or to take part in any model or other public exhibition that is offensive to decency, or is adapted to excite vicious or lewd thoughts or acts. Although this sex offense is a misdemeanor, the guilty must still register as a sex offender, pursuant to Penal Code 290.

If the accused exposed him or herself after entering a private home or the inhabited portion of any other building without consent, he or she may be charged with either a misdemeanor or a felony, punishable by a maximum one-year jail or prison sentence.

If the accused suffers a second or subsequent conviction involving his or her own personal exposure or upon his or her first conviction for doing so (when he or she has incured a prior conviction for lewd or lascivious acts under Penal Code 288), he or she will be convicted of a felony, punishable by imprisonment in state prison.

Because the stakes can be so high for violating this law (the offender may be convicted of a felony and will be required to register as a sex offender in accordance with California Penal Code 290), it is imperative that the accused hires a criminal attorney who practices this area of the law and who will therefore be prepared to effectively tackle the different types of issues that frequently arise in connection with sex crime cases. The experienced criminal defense lawyers at The Kavinoky Law Firm excel in California sex crime defense and in everything related to these types of cases. Because of their thorough understanding of the laws that relate to sex offenses, they know how to critically analyze a case to spot any issues that may have infringed upon their client’s constitutional rights, which could lead to a reduction in the charge or an early dismissal of the case. They know how to skillfully interview and examine any witnesses, how to highlight discrepancies in witness accounts and police reports, and how to cast reasonable doubts in the minds of the jurors as to whether their client could have really committed the charged offense. They have mastered the defenses that are most commonly argued in sex crimes cases, which include insufficient evidence, mistaken identity and consent, and they know how to most effectively convey them to the judge and jury. The attorneys at the Kavinoky law firm pride themselves on their success rate, which is only surpassed by the level of compassion, discretion and respect with which they treat their clients.

With several law offices located in Los Angeles and throughout California, the exceptional defense attorneys at The Kavinoky Law Firm are conveniently located for anyone in need of a California attorney who is especially qualified to defend against an indecent exposure charge. To learn more about the defenses that are applicable to this charge and to secure the most trusted legal advice and representation, contact the firm today for a free consultation.

Sexually assaulting an animal, otherwise known as bestiality or zoophilia, is considered a sex crime in California and will be prosecuted as a misdemeanor. If an individual sexually assaults an animal for the purpose of arousing or gratifying his or her own sexual desire, he or she faces up to six months in county jail, a maximum $1,000 fine and a host of other possible penalties, which may include probation, counseling or community service or labor. While this crime doesn’t carry the heaviest sex crime penalties, it is regarded as one of the most reprehensible by society, which means that a judge or jury will be eager to convict the accused.

The skilled criminal defense lawyers at The Kavinoky Law Firm treat all their clients with compassion, discretion and respect and never, under any circumstances, pass judgment upon them. They excel in California sex crime defense, and as a result, have seen and heard it all. They are dedicated to protecting the rights of the accused, and have mastered all of the defenses that are applicable to this class of crimes, which allows them to negotiate the best deals, suppress illegal evidence, obtain early dismissals of their cases and prevail in judge and jury trials.

Although sexual assault is usually defined as any sexual conduct (be it touching, vaginal, oral or anal penetration) that is either performed without the consent of the alleged victim or is performed against the alleged victim’s will, that same standard doesn’t apply to the sexual assault of an animal. When an animal is the alleged victim, an “assault” isn’t necessary. This means that the conduct doesn’t have to be forced or violent and that any sexual contact with an animal (even if the animal doesn’t seem to mind or even if the animal appears to enjoy the experience) may result in criminal charges in this state. An example of a specific sex crime charge that an individual may face under these circumstances is sodomy, which may be charged whether the penetration is vaginal or anal.

In a vigorous effort to acquit their clients, the outstanding criminal attorneys at The Kavinoky Law Firm will thoroughly examine all of the evidence that was collected against their clients, will critically review the police report, will independently investigate all allegations, will interview any percipient witnesses, will highlight any discrepancies that exist in the police reports or physical evidence (if any) and will do their best to effectively convince the judge and jury that their clients were unfairly thrown into the criminal courts system and are deserving of a break. With several law offices located in Los Angeles and throughout this state, The Kavinoky Law Firm is conveniently located for those in need of a California defense attorney who concentrates on sex crime defense. For the most trusted legal advice, contact one of their qualified attorneys today for a free consultation and for unparalleled legal representation.

Lewd or lascivious acts (meaning acts that are sexual in nature) are generally prosecuted as felony sex crimes in California, under California’s Penal Code 288. Persons convicted of this offense typically face years in prison, a heavy fine and mandatory registration as a sex offender, pursuant to California’s Penal Code 290. In order to avoid these severe penalties, it is critical that the accused contacts a seasoned criminal defense lawyer who specializes in California sex crime defense. The experienced attorneys at The Kavinoky Law Firm know what it takes to successfully defend their clients charged with these types of offenses, and do so employing the utmost skill, discretion and integrity.

Anyone who willfully commits any lewd or lascivious act against a child under 14 (whether or not force or threats are used), with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, will be charged with a felony, punishable by three, six or eight years in state prison. The sentence will be the same for anyone who is a caretaker for another and who commits lewd or lascivious acts by force, violence or threats against the dependant person, with the above-described sexual intent. A “dependant person” is someone who has a physical or mental impairment that substantially restricts his or her ability to carry out normal activities or to protect his or her rights, and includes anyone who is admitted as a patient to a 24-hour mental health facility. It should be noted that the law doesn’t apply to a spouse or significant other caring for a dependant.

In addition to the stated prison sentences, the defendant faces a fine of up to $10,000, which may be imposed based on the circumstances of the offense. In determining whether to issue a fine and in determining how much to fine the accused, the court will consider the seriousness and gravity of the offense, whether the accused financially profited from the offense, and the extent (if any) to which the alleged victim suffered an economic loss as a result of the offense. A person convicted of committing a lewd or lascivious act against a child under 14 will also be prohibited from having his or her sentence suspended until the court obtains a report from a reputable psychiatrist or psychologist. It should be noted that a reasonable mistake of age will not serve as a defense to this charge.

Anyone who commits a lewd or lascivious act against a child who is 14 or 15 years of age and who is at least 10 years younger than the accused will be charged with a felony, punishable by one, two or three years in state prison, or with a misdemeanor, punishable by up to one year in county jail. The charge and sentence will be the same for a caretaker who commits such an act upon a dependant even without using force, violence or threats.

Regardless of the circumstances of the offense, an individual convicted of lewd or lascivious acts under California’s Penal Code 288 will be required to register as a sex offender in accordance with Penal Code 290. Registration is, perhaps, one of the most devastating penalties that may be imposed in connection with a sex crime, as the social stigma and lifestyle restrictions that it places upon an individual can be dramatically life-changing.

The best way to prevent these possibilities from becoming one’s reality is to contact one of the skilled attorneys from The Kavinoky Law Firm. The criminal defense attorneys at The Kavinoky Firm are dedicated to protecting the rights of their clients who are charged with California sex crimes, and have mastered aspects related to this area of the law. With law offices conveniently located in Los Angeles and throughout the state, they are available to help those in need of a California sex crime defense attorney. For a free consultation, the most trusted legal advice and unparalleled representation, contact the Kavinoky law firm today.

DNA

DNA (deoxyribonucleic acid) evidence is used to acquit or convict those charged with sex crimes. This evidence is specific to each individual, so no two people (other than identical twins) share the same DNA. DNA remains constant throughout one’s life, is found in virtually every cell in the body, and is easily retrievable from one’s blood, saliva, semen, hair or skin tissue. Once collected, it will be entered into a California DNA database. Because DNA evidence carries so much weight, it is critical that an individual accused of a sex offense in California hires an experienced criminal defense attorney who specializes in California sex crime defense and who has mastered this scientific and complex area of the law.

Anyone arrested for or charged with a California misdemeanor or felony (or an attempted crime) that would be required to register as a sex offender, pursuant to Penal Code 290 if convicted, or who has been ordered by the court to reside in a mental health facility or sex offender treatment program, is required to provide a DNA sample, consisting of swab samples, right thumbprints, a full palm print impression of each hand, and any blood specimens or other requested biological samples. These offenses include most instances of rape, spousal rape when accomplished or attempted using force, violence or threats, rape or sexual penetration when acting in concert with another, enticing a female unmarried minor into prostitution, committing a sex act where consent was procured by fear and false representations, pimping and pandering with a minor, procuring a child under 16 years of age for lewd or lascivious acts, abducting a minor for prostitution, aggravated sexual assault of a child, incest, sodomy, lewd or lascivious acts with a child under the age of 14, oral copulation, continuous sexual abuse of a child, penetration with a foreign object, certain crimes dealing with obscene materials, indecent exposure, conduct involving lewd or lascivious acts that fall under “contributing to the delinquency of a minor” and using harmful matter to seduce a minor. An individual may submit a sample for any other offense if agreed to in a plea bargain.

Samples are supposed to be collected as soon as administratively possible after an arrest, but if an officer or the prosecuting attorney fails to verify that the samples have been collected, the court will do so prior to the final disposition or sentencing in the case, and will require the defendant to provide a sample at that time. DNA samples may also be collected from those who have prior convictions from this state or from any other court that would have been qualifying crimes if committed in this state, even if already incarcerated or previously released. Samples that are destroyed or unusable for any reason will be discarded and the person who provided the original sample will be required to submit a new one.

An individual who refuses to provide a sample faces a separate misdemeanor charge, punishable by up to $500 and a maximum one-year jail sentence. An individual already serving time in prison will be separately sanctioned as well. When an individual refuses to provide a sample, an officer may use reasonable force to collect one if the request is pre-approved by a supervising officer. If the forced sample consists of a cell extraction, the extraction must be videotaped.

Finally, an individual who either substitutes his or her own DNA for another’s or who tampers with the collected sample faces a separate felony, punishable by two, three or four years in state prison.

DNA samples may be removed or expunged from the database if, after the arrest, a formal complaint was never filed, if the accused was acquitted, or if the case was dismissed and the accused has no prior offenses that required DNA samples.

The skilled California sex crime attorneys at The Kavinoky Law Firm understand this technical and complex area of the law, and know the proper arguments to make in order to either exclude improperly collected samples or to have the samples expunged when appropriate. Contact them today for a free consultation and for outstanding legal representation.

In California, there are a number of sex crimes that deal with obscene matter, most of which carry heavy fines, a jail or prison sentence and a requirement that the accused register as a sex offender, pursuant to California Penal Code 290. “Obscene matter” means matter (in any form), that to the average person applying contemporary statewide standards (taken as a whole), appeals to an unpleasantly strong sexual interest, that depicts or describes sexual conduct in a patently offensive way, and that lacks serious literary, artistic, political, or scientific value. If the material in question depicts minors engaged in sexual conduct, that fact may be used to consider whether or not the material meets the above definition. If it appears from the nature of the matter or from the circumstances of its distribution or exhibition that it is designed for clearly defined deviant sexual groups, the appeal of the material shall be judged with reference to its intended recipient group.

An experienced California sex crime criminal attorney is the key to avoiding the stiff penalties that are imposed in connection with these offenses. He or she knows the most compelling arguments that judges and juries respond to regarding this highly sensitive area of the law, and further knows the most effective ways to articulate them.

The most commonly prosecuted California sex offenses involving obscene matter include possession, distribution, publication and duplication of such materials. Participating in any of these activities constitutes a crime, and the accused faces an even stiffer sentence if he or she does so with material that depicts minors engaged in sexual conduct. Participating in any of these activities for commercial consideration, knowing that the matter depicts a minor engaged in sexual conduct, will result in a definite prison sentence, and if any of these materials are sold, distributed, etc. to a minor, the accused automatically faces a felony.

Another commonly prosecuted class of crimes that deal with obscene materials includes using a minor to distribute, publish or duplicate the matter, or using a minor to pose for any print or live act that depicts sexual conduct alone, with others or with animals. If the accused additionally persuaded or coerced the minor into posing for or performing the obscene sexual act, the accused automatically faces a felony. If done for commercial purposes or if it is proven that the minor described under any of these scenarios is under the age of 14, the penalties will be severe.

Crimes that involve distributing or exhibiting obscene material to minors will also be vigorously prosecuted in California. These include selling, renting or exhibiting obscene matter to a minor, representing oneself to be the parent or guardian of a minor, causing the minor to be admitted to an obscene exhibition, displaying or selling a vending machine that displays obscene matter in a public place accessible by minors, altering a rented video to include obscene matter and failing to have a clearly labeled “Adults Only” section in a video store that sells obscene materials.

The least serious sex crimes relating to obscene materials deal with their creation, promotion and delivery. These misdemeanor crimes include writing, creating, soliciting or otherwise promoting the sale and distribution of matter held to be obscene, participating in managing, producing, sponsoring, or exhibiting obscene live conduct, and requiring a purchaser to receive and keep obscene materials as a condition of a sale or delivery for resale of any merchandise.

The laws that relate to obscene materials are complex and subject to much interpretation and scrutiny, which is why it is so important to have a skilled defense attorney who specializes in California sex crime defense, and who therefore knows how to successfully challenge these types of charges. To learn more about the punishments and defense strategies that are applicable to these offenses, contact the unsurpassed criminal defense lawyers at The Kavinoky Law Firm today 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.

Internet sting operations designed to catch adults who correspond with and try to meet children are becoming more widespread in California and around the nation. Undercover officers or organizations visit websites and enter chat-rooms, posing as children (typically about 13 years old, as the penalties are stiffer for soliciting a minor 14 and under) in an effort to lure adults into meeting for sex. Those working the operations then forward all incriminating information sent by the suspect directly to law enforcement.

The good news is that there are defenses for these types of Internet sting operations that a skilled criminal defense lawyer knows how to effectively argue. The laws regarding sex crimes and the Internet are constantly evolving and only those who focus on it are prepared to successfully defend against it. The outstanding criminal attorneys at The Kavinoky Law Firm specialize in California sex crime defense. They receive ongoing education and training with respect to the latest laws and cutting-edge trial strategies that are applicable to sex offenses (particularly with respect to the online world), enabling them to provide the most aggressive and vigorous defenses available.

The most common defense that will apply to an Internet sting operation is entrapment. An experienced criminal lawyer will argue that the undercover agent encouraged his or her client to commit a crime that he or she wouldn’t have otherwise committed. The intent of the accused becomes the critical issue, because the prosecution will attempt to rebut the entrapment defense by arguing that the defendant was ready and willing to break the law and that the undercover agent merely provided an opportunity for the accused to do so. A skilled sex crime defense lawyer will cast reasonable doubt in the minds of the jury, arguing that his or her client didn’t have the intent to commit the offense until he or she was induced or persuaded to do so by the decoy.

In a case where a sting operation has been set up to catch adults who are sending or receiving pornographic materials that depict children on the Internet, a defense attorney may argue that his or her client “mis-clicked” and therefore inadvertently received the material without the required criminal intent to do so. This defense is typically used when an individual opens a “pop-up” advertisement that is sent to his or her account – either directly or via his or her spam folder. The attorney will try to argue that the accused neither requested nor purchased the email and should therefore not be convicted of a crime that he or she inadvertently committed.

Sentencing for this type of offense is unique, as the crime is typically prevented before it occurs. As a result, a person involved in an Internet sting would likely be charged with attempted lewd or lascivious acts, which would result in half of the prison sentence charged for that offense. Because lewd or lascivious acts can be charged under a variety of circumstances, this sentence may range from six months in jail to four years in prison. It should additionally be noted that an individual charged with lewd or lascivious acts involving a child under 14 will be prohibited from having his or her sentence suspended unless the court receives a report from a reputable psychiatrist or psychologist.

The value in hiring a law firm that is devoted to passionately protecting the rights of their clients lies in the fact that they will be relentless in their pursuit of justice. The exceptional attorneys at The Kavinoky Law Firm will defend a sex crime case with energy, skill and integrity and discretion. The firm’s attorneys maintain an excellent reputation with the courts and with the prosecutors who routinely pursue these types of cases, which allows their clients to receive favorable deals and special consideration when required. With law offices located throughout California, they are conveniently located to serve anyone in need of a California sex crime defense lawyer. Contact the Kavinoky law firm today for a free consultation and for the best representation.