People v. Peyton: California’s Sexually Violent Predator Act
People v. Peyton: California’s Sexually Violent Predator Act
Under California Welfare and Institutions Code, a person who was previously designated as a “sexually violent predator” can be unconditionally discharged if they no longer meet the definition under Section 6604.9(d). In the case of People v. Peyton, however, the court held that California’s Sexually Violent Predator Act does not authorize a sexually violent predator to directly petition for unconditional discharge without a favorable evaluation from the Director of State…
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3 Potential Defenses to Child Molestation Cases
3 Potential Defenses to Child Molestation Cases Child molestation is a very serious crime. Like all serious crimes, the repercussions of even being accused of such an act can be devastating. However, the good news is that in our country simply being accused of a crime doesn't mean you are guilty. A jury must find you guilty “beyond a reasonable doubt” because you are “presumed innocent until the contrary can…
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Conviction Reversed Based on Insufficient Evidence That Defendant Annoyed or Molested a Child
Conviction Reversed Based on Insufficient Evidence That Defendant Annoyed or Molested a Child Defendant Bruce Clotfelter was charged with Penal Code 647.6, the crime of annoying or molesting a child under the age of 18 or an adult whom you believe to be under 18. His case shows how prosecutors can sometimes rely on a defendant’s criminal background as a substitute for proving all the elements of a charge. In…
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For ‘One Strike’ Law’s Multiple Victim Circumstance to Apply, Must Allege Multiple Victims in “Present Case or Cases”
For ‘One Strike’ Law’s Multiple Victim Circumstance to Apply, Must Allege Multiple Victims in “Present Case or Cases” Defendant, Jeffery Foley, was convicted in separate cases of sexually molesting his minor granddaughters, F. and A. Over a period of years, Foley molested A., who did not immediately disclose it. Thereafter, Foley molested F., who immediately disclosed it. Foley pleaded no contest to committing a lewd and lascivious act on A.,…
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Protecting Yourself Against False Accusations of Child Molestation
Protecting Yourself Against False Accusations of Child Molestation Child molestation is a broader crime than most people realize. Most people assume that someone who has been accused of the crime touched a child’s genitals, buttocks, or breasts with a sexual purpose. However, under California law, it does not matter what part of the child’s body is touched. You can be charged with child molestation for touching any part of a…
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Is There a Statute of Limitations on Child Molestation [PC 288]?
Is There a Statute of Limitations on Child Molestation [PC 288]? California Penal Code 288 defines the crime of lewd and lascivious acts on a minor, more commonly known as child molestation. There are several crimes considered to be child molestation crimes but the most common are the following: PC 288(a): lewd or lascivious acts with a minor under the age of 14; PC 288(b)(1): lewd or lascivious acts with…
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The Differences Between Child Molestation and Lewd Acts with a Minor
The Differences Between Child Molestation and Lewd Acts with a Minor The term “child molestation” could refer to a few different crimes, including sexual acts against children and acts that might not actually involve touching a child. How can you be accused of child molestation without touching a child? To understand the answer, let’s compare child annoyance under PC 647.6 and lewd acts with a minor under the age of…
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Can a Child Be Charged with Child Molestation? (PC 288)
Can a Child Be Charged with Child Molestation? (PC 288) In nearly one-third of all sex crimes cases in which the victim was a minor, the perpetrator is also under the age of 18. So, do minors face the same criminal penalties as adults who commit lewd acts involving another minor? Over the past 35 years, our skilled child molestation attorneys have experienced many cases in which the defendant was…
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Touching a Child Anywhere Can Be Child Molestation under PC 288(a)
Touching a Child Anywhere Can Be Child Molestation under PC 288(a) Most people assume that child molestation only occurs when a person touches a child’s genitals, buttocks or breast area with a sexual purpose. However, the crime of child molestation is much broader than that. Under California Penal Code Section 288(a), it does not matter what part of the child’s body you allegedly touched. You can be charged with child…
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A Child Molestation Conviction Will Destroy Your Life
A Child Molestation Conviction Will Destroy Your Life If ever there were a need for a Los Angeles sex crime attorney, it is when a charge of child molestation is made against you. If you are convicted of child molestation in California, your life will never be the same. Just a charge of child molestation (288a, 288.5a) -- not a conviction -- can have an immediate negative impact on your…
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