Sex Crimes Laws

A ‘sex crime’ is an umbrella term used to define any illegal or forced sexual conduct against an individual. A sex crime can be any sexual abuse on a victim and/or exposing yourself to another person without their consent. In many states, the individual committing a sex crime will be marked as a sex offender in the National Sex Offender Public Website (NSOPW) regardless of the severity of the sex crime. Once you are marked as a sex offender there is very little you can do to have your information removed from the national website. Sex crimes are very serious accusations with severe penalties if the sex crime victim is under the age of 17. The best way to evaluate your case is to speak with a local attorney who is capable of applying the sex crime laws to your situation and providing a legal strategy for your case.

The following section will touch on common sex crimes that can be charged as misdemeanors or felonies. The type of charge will highly depend on the circumstances and of the severity of the sex crime.

Date Rape/rape: date rape is a term used to describe sexual intercourse that occurs between two individuals where one does not consent to the sexual activity. Date rape describes intercourse that took place while on a date or between a couple that chooses to spend time together. If you find yourself in the state of California, a date rape is considered a tier two sexual assault where the individual is required to register with the NSOPW for twenty years. Like rape, date rape will be judged under Penal Code 261, California Rape Law. Before engaging in sex, it is crucial to have consent from the second party before initiation any sexual activity.

According to the Federal law on rape, rape is a sexual act that involves “unlawful force against a person”, any force that causes harm to the victim's body, threatening the victim, engaging in sexual activity without consent, engaging in sexual intercourse while someone is under the influence or unconscious. If you are accused of date rape or rape, you need to contact an attorney as soon as you are notified of the lawsuit. Being accused of rape is a very serious offense that requires legal guidance. On the other hand, if you are a victim of a date rape or rape, you are encouraged to contact local authorities and a local Sex Crime Attorney who will be able to guide your case in this difficult time.

In rape allegations, individuals must be able to defend against a person who is wrongly convicting them. Date rapes accusations can occur when a person in the relationship is mad or other reasons that can be contested in a court of law.

Child Pornography: Being accused of owning child pornography is a grave offense that can result in a fine up to $10,000 and 6 years in prison. Under California Penal Code 311, individuals can be charged with penalties if they are sending, transporting, or duplicating child pornography. The penal code also includes that individuals can be charged if they hire or persuade a minor to engage in child pornography. In addition, the law explains that it is illegal to advertise child pornography through the internet or other means.

Sexual Abuse of a Child: Sexual abuse of a child can include any sexual activity that involves a child under the age of 17. The sexual activities can include masturbation, penetration, and/or oral sex performed on the perpetrator or on the child. The ramifications of engaging in sexual conduct with a child are severe including up to 16 years in prison and the obligation to register for a lifetime as a tier three sex offender on the NSOPW.

Sexual Battery: the law on sexual assault explains that any touching of an intimate part for pleasure, arousal, or abuse is prohibited if the victim did not provide prior consent. Depending on the jurisdiction whether the crime is considered a misdemeanor or a felony the defendant will need to prove that they are being wrongly convicted. If you are charged with a sexual battery misdemeanor you may be required to register yourself as a sex offender for a minimum of ten years and up to a year in prison. If you are charged with a sexual battery felony, you are looking at more serious ramifications that include a lifetime registration as a sex offender and up to four years in prison.

Prostitution/Solicitation with a Prostitute: Federal and state law prohibits the solicitation for prostitution. Individuals who are fined with soliciting for prostitution may find themselves in prison for up to a year. Under the California State law, prostitution is engaging in sexual intercourse in exchange for money and/or approaching someone for sexual intercourse in exchange for money. In a courtroom, the prosecution will need to prove with substantial evidence that the accused requested a sexual favor in exchange for money or the accused engaged in sexual acts with a prostitute.

Lewd Conduct: Lewd conduct is defined by the law as touching genitals, backside, or breasts for the purpose of sexual pleasure or to irritate a person. Touching yourself in a public place is not against the law and is only considered a lewd conduct if you know there is someone there that would be offended or if you sexually touch someone without their consent.

Lewd Acts involving a Child: Any activity that involves touching a child for sexual intentions or making a child touch him or herself. The code applies to any child under the age of 16 that is touched by an adult. The individual can be accused of lewd acts with a child if the person is playing with a child's sexual organs or any other type of sexual molestation. The touching does not have to be on bare skin or on sexual organs. If the adult is touching a child or forcing a child to touch themselves for sexual reasons, that is enough to accuse the person of a sex crime.

Indecent Exposure: California and federal law prohibit incident exposure when a person is exposing their genitals or private parts to another person without their consent. The individual exposing their genitals to satisfy their sexual urge or to irritate a person will be subject to register as a tier one sex offender for a minimum of ten years. In addition, the person may find themselves in a county jail for up to six months and a one thousand dollar fine. While exposure may seem like a minor offense, the ramifications prove otherwise.

If you are caught in an indecent exposure accusation, you may want to speak with an attorney who is capable of dismissing the accusation or reducing the charge. Individuals accused of indecent exposure can defend themselves if they were mistaken for another person or if the person was unaware of the presences of others while exposing oneself. For example, when nature calls and you can only find a tree, you can be accused by a person who thinks you are exposing yourself to them. It is important to have your case evaluated so you avoid any of the legal ramifications that come with an indecent exposure accusation.