California’s Extended Statute of Limitations on Childhood Sex Crimes
California’s Extended Statute of Limitations on Childhood Sex Crimes
What Is AB 218? Because sex crimes against minors are prosecuted aggressively in California, the penalties for conviction are severe. In 2019, Governor Gavin Newson signed Assembly Bill 218 into law, which further expanded the legal rights of victims of childhood sex crimes. Under California’s previous statute of limitations for childhood sexual abuse, victims had to file a lawsuit either by the age of 26 or within 3 years of…
Read More Can Possession of Adult Pornography Be Considered a Crime?
While most people know that child pornography is illegal, many are unaware that certain pornography involving adults can be unlawful as well. This occurs when pornography is deemed to constitute “obscene matter” under California Penal Code Section 311. Continue reading to learn when possession of adult pornography can be considered a crime. Definition of Obscene Matter (PC Section 311) According to PC Section 311, “obscene matter” is defined as matter…
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Fraud Can Be a Sex Crime in California
Under California Penal Code Section 261, rape is the crime of using force, threats, or fraud to engage in non-consensual sexual intercourse with another. While rape is typically associated with force or threats, there is a third lesser-known crime of rape by fraud. What Is Rape By Fraud? Fraud is defined as wrongful or criminal deception intended to result in financial or personal gain. Therefore, rape by fraud occurs when…
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California’s Castration Law for Sex Offenders (PC Section 645)
Chemical Castration for Sex Offenders Several states, including California, Florida, Texas, and Alabama, permit the use of chemical castration for sex offenders. Chemical castration involves the injection of the sex offender with Depo Provera, an FDA-approved birth control drug that lowers testosterone levels and hence reduces the sex drive of male sex offenders. This treatment is thought to work best on sex offenders who have uncontrollable desires that manifest as…
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Sexting Laws in California
Sexting Laws in California What Is Sexting? Sexting refers to the sending of sexually explicit messages and pictures through text messaging. Due to the expansion of cell phones, social media, and online dating, sexting has risen as a relatively new type of sex crime. While sexting between two consenting adults is perfectly legal under California law, sexting can become a criminal act and result in harsh consequences in some circumstances. …
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Sex Crime Charges After A Minor Lied About Their Age
Sex Crime Charges After A Minor Lied About Their Age If you met or engaged in sex with someone you thought was an adult, California prosecutors can still charge you with a sex crime, even if the minor lied about their age. What’s worse is that the U.S. Attorney General could also charge you with a federal sex crime. You could face thousands of dollars in fines, years behind bars,…
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How To Avoid Being Falsely Accused of a Sex Crime During the Summer (or any other season)
How To Avoid Being Falsely Accused of a Sex Crime During the Summer (or any other season) Violent crimes such as rape and sexual assault rates are higher in the summer months than in the other seasons. Many scholars believe that the increase in sex crime rates is due to environmental factors, such as temperature increases and daylight hours that are longer during the summer months. The increase in temperature…
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Will I Have to Move My Residence if I am Convicted of a Sex Crime in Orange County?
Will I Have to Move My Residence if I am Convicted of a Sex Crime in Orange County? Being convicted of a sex crime can cause many immediate changes to your life. In such an instance, registering as a sex offender is usually one of the first things that must be done. If you are convicted of certain sex crimes in Orange County you will have to register as a…
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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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