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What is Child Molestation under California Law?
Child molestation crimes are taken very seriously in California. There is a certain stigma involved with these cases due to the nature of the crime and the age of the alleged victims.
For over 38 years, Wallin & Klarich has …
The Difference Between Statutory Rape and Rape in California
The crimes of statutory rape and rape are often confused. Although they both involve sexual acts, these crimes are very different under California Law. Let’s examine how the crime of rape is different than the crime of statutory rape.
Defining
…New Law Signed by Governor Cracks Down on Sex Offenders Tampering with Tracking Devices
On Oct. 12, California Governor Jerry Brown signed into law Senate Bill 57, which imposes tougher penalties on sex offenders tampering with tracking devices. The new senate bill, authored by state Senator Ted Lieu (D-Torrance), will take effect Jan. 1, …
A King Falls Under California Revenge Porn Laws
Hunter Moore, a man known as the “King of Revenge Porn,” recently plead guilty to identity theft and federal computer hacking for allegedly stealing nude photos of women and posting them online. Moore, 26, reportedly received nude photos of women …
Does a Sex Offender on Probation Need Approval to Socialize?
In California, common conditions of probation for anyone convicted of a sex offense involving a minor include that he or she have no contact with anyone under the age of 18. Generally, the conditions apply not only to contact with …
Presumed Innocent: Why Sex Crimes Have Statutes of Limitations
Recent high-profile sex cases have stirred up public opinion regarding statutes of limitations. Due to cases like Bill Cosby’s sexual assault allegations, renewed attention is being directed to the existence of statutes of limitations on sex-related cases.
Very little …
Intent: The Key Element in a Lewd Acts with a Minor Case (PC 288)
In many criminal cases, whether someone is guilty often comes down to intent – not whether the person intentionally committed an act, but what that person’s intentions were when he or she committed the act.
One crime that requires the …
DNA Sample Requirement in CA Child Molestation Charges Does Not Violate Your Fourth Amendment Rights – PC 296
California law pursuant to Penal Code Section 296 (PC 296) requires you to provide DNA and other identifying evidence if you are convicted, adjudicated as a juvenile, or found not guilty by reason of insanity for any felony crime. In …
Can Minors Be Convicted of Possessing or Distributing Child Pornography?
Parents in the 21st century know the debate well: Do you give your child a smartphone at a young age? On one hand, you will be able to reach your child and your child will be able to reach you …