Fraud Can Be a Sex Crime in California
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…
Read More
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…
Read More
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. …
Read More
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,…
Read More
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…
Read More
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…
Read More
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…
Read More
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…
Read More
Federal Court Grants Significant Downward Departure In Child Pornography Sentencing
Federal Court Grants Significant Downward Departure In Child Pornography Sentencing A Wallin and Klarich client was sentenced this week after pleading guilty to the distribution of child pornography. In addition to the penalties for distributing the materials, the client was facing enhancements for possessing approximately 700 images and 1,000 videos, distributing materials in exchange for something of value, and possessing sadistic images. The sentencing guidelines in federal court for child…
Read More
BILL COSBY SEXUAL ASSAULT CONVICTION REVERSED BY PENNSYLVANIA SUPREME COURT: WHAT THIS MAY MEAN FOR FUTURE SEX CRIME PROSECUTIONS IN CALIFORNIA
BILL COSBY SEXUAL ASSAULT CONVICTION REVERSED BY PENNSYLVANIA SUPREME COURT: WHAT THIS MAY MEAN FOR FUTURE SEX CRIME PROSECUTIONS IN CALIFORNIA Bill Cosby was accused of sexual assault of a woman in Pennsylvania. At his first trial, the court permitted one woman to testify about prior sexual allegations against Mr. Cosby. The first trial ended in a hung jury because the jury was divided as to Mr. Cosby’s guilt. However,…
Read More