PC 803(f) Extends the Limitations Period for Sexual Offenses Committed Against Minors
According to California Penal Code section 803(f)(1), a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that he or she, while under the age of 18 years, was the victim of a crime described in the following penal code sections:
- Rape (PC 261);
- Sodomy (PC 286);
- Continuous Sexual Abuse of a Child (PC 288.5);
- Oral Copulation (PC 288a);
- Forcible Acts of Sexual Penetration (PC 289); AND
- Sex Offenders Fleeing From State with Intent to Avoid Prosecution (PC 289.5).
Additionally, PC 803(f)(2)(A) requires that all other statute of limitation periods have expired in order for the extension under PC 803(f)(1) to apply.
The alleged crime must have occurred when the victim was under 18 years of age. However, the victim can file the report at any age. Once the victim makes the report to a California law enforcement agency, the one-year statute of limitations extension begins to run. This means that the prosecution must file a criminal complaint within one year of the offense being reported to the California law enforcement agency in order to avoid being forever time-barred.
The Sexual Offenses Must Involve “Substantial Sexual Conduct”(PC 803(f)(2)(B))
PC 803(f)(2)(B) requires that there be “substantial sexual conduct” in order for the one-year statute of limitations extension under PC 803(f) to apply.
PC 1203.066(b) defines substantial sexual conduct as “penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object, oral copulation, or masturbation of either the victim or the offender.” Examples of substantial sexual conduct are provided below:
- You have sexual intercourse with a female minor;
- You penetrate a minor’s vagina with your fingers;
- You have anal sex with a minor;
- You perform oral sex on a minor’s penis; OR
- You have a minor perform oral sex on your vagina.
Independent Corroborating Evidence is Required (PC 803(f)(C))
PC 803(f)(2)(C) requires independent evidence that corroborates the victim’s allegations in order for the limitations period extension to apply. If the victim was 21 years of age or older at the time of the report, PC 803(f)(2)(C) mandates that the independent evidence must “clearly and convincingly corroborate” the victim’s allegation.
In People v. Smith, 198 Cal. App. 4th 231 (2010), the California Appellate Court ruled that the corroborating evidence need not corroborate every element of the offense so long as it corroborates the victim’s allegations that substantial sexual conduct occurred.
Where can I find an experienced California criminal defense attorney?
If you or a loved one has been accused of a sex crime, you need to contact the Law Offices of Wallin & Klarich immediately. The skilled criminal defense attorneys at Wallin & Klarich have over 30 years of experience successfully defending sex crimes cases. Our attorneys will provide you with the most efficient and professional representation from the moment that you retain us. We will scrutinize all of the evidence and utilize all available defenses in order to provide you with the best opportunity to win your case.
Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Please call us today at (877) 566-5245 to inquire about your case. We will get through this together.
