Is it Illegal to Give Porn to a Minor? (California Penal Code Sections 288.2 and 313)
Is it Illegal to Give Porn to a Minor? (California Penal Code Sections 288.2 and 313)
Is it Illegal to Give Porn to a Minor? (California Penal Code Sections 288.2 and 313) The Internet has given us instant access to endless information, entertainment, and yes, pornography. This means that almost any minor with a computer can access pornography with a few strokes of the keyboard. Under most circumstances, minors (children under the age of 18) cannot be charged with a crime unless they are viewing child…
Read More5 Tips to Safely and Legally Use Online Dating Apps
5 Tips to Safely and Legally Use Online Dating Apps The world of online dating has taken a dramatic turn over the last several years. It used to require setting up elaborate and detailed accounts through or one of the few other reputable websites. The very thought of using these websites likely seemed foreign or a little bit strange to many at the time. Now, having one of the many…
Read MoreDefenses to a Sodomy Charge
Defenses to a Sodomy Charge Being accused of sodomy can be an emotionally damaging experience. The stigma of a sodomy charge can affect your personal relationships, employment and standing in the community. Sodomy can also lead to serious prison time. However, you can fight the charge filed against you. If you or a loved one is facing a sodomy charge, it is important to hire an experienced attorney as soon…
Read MoreOrange County Has First Human Trafficking Case Under New Laws
Orange County Has First Human Trafficking Case Under New Laws Recently, a convicted drug dealer was sentenced to 17 years to life in prison for pimping a 14-year-old girl in Orange County’s first case since California passed new laws that increased the penalties for human trafficking. Chuncey Tarae Garcia, was convicted of one count of human trafficking and one count of pimping a minor under the age of 16. While…
Read MoreAre Sex Offenders’ Rights Too Restricted?
Are Sex Offenders' Rights Too Restricted? Since 2004, convicted sex offenders have been required to register with local law enforcement under California’s Megan’s Law. This allows the public to view information about these sex offenders such as the crime of which they have been convicted and where they live. Some argue that the laws restricting the rights of these individuals make the public safer. Others would say they simply create new…
Read MoreCan an Emancipated Minor Legally Consent to Having Sex?
Can an Emancipated Minor Legally Consent to Having Sex? In the state of California, is it generally understood that it is illegal to engage in sexual intercourse with a minor under the age of 18, even if the minor gave consent. Engaging in sexual intercourse with a minor constitutes statutory rape, which is punishable by jail time, fines and registration as a sex offender upon conviction. But what if the…
Read MoreMinors Cannot Legally Consent to Sex (California PC 261.5)
Minors Cannot Legally Consent to Sex (California PC 261.5) Statutory rape is very different from rape in that it does not involve a forced sex act upon another person. There is no violence involved and you may even be very close to the alleged victim. Under California Penal Code Section 261.5, statutory rape is simply engaging in sexual intercourse with a minor who is under the age of 18. The…
Read More6 Reasons Why You Should Never Chat with Minors Online
6 Reasons Why You Should Never Chat with Minors Online Online chatting may seem like a way for you to express yourself freely in an anonymous setting. Most people do not think twice about what they post online, the seriousness of their intentions or who they direct their comments to. However, your words can get you in trouble online, especially if they are directed to minors. What you say can…
Read MoreThe Consequences of a Conviction for Forcible Penetration with a Foreign Object Can Last a Lifetime (PC 289)
The Consequences of a Conviction for Forcible Penetration with a Foreign Object Can Last a Lifetime (PC 289) Most people understand that rape is an act of forcible sexual intercourse and consider it one of the worst crimes for which a person can be accused. However, you could still be charged with a form of rape under California Penal Code Section 289 (PC 289) if an object other than the…
Read MoreCalifornia Rules Sex Offender Treatment Program Requirement Cannot be Retroactively Applied
California Rules Sex Offender Treatment Program Requirement Cannot be Retroactively Applied Sex offenders who were sentenced prior to when an amendment in California Penal Code section 1203.067 took effect do not have to enroll in a state-approved sex treatment program as required by the new law. Under the amended law, certain sex offenders must complete a sex offender treatment program if probation is granted. However, the requirement is not retroactive…
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