Sex Crimes

Sex crimes encompass a variety of offenses from rape to indecent exposure. A conviction of a sex crime will result in registration as a sex offender which can be detrimental to a person’s reputation, relationships, and career.

At Hamasaki Law, we will guide you through the process from the moment we are contacted until your matter is resolved. We will spend the time with you explaining various options and strategies and we will work together to determine the best approach to fighting your case. Contact us now to discuss your case and let us help you through the process.

  • Rape
  • Statutory Rape
  • Sexual Battery
  • Indecent Exposure
  • Prostitution/Solicitation
  • Lewd Conduct in Public
  • Lewd Acts with a Child
  • Common Issues and Defenses

California law defines rape as nonconsensual sexual intercourse executed by means of threats, force, or fraud. (Pen. Code, §261.).1

Those convicted of rape in California can face three, six, or eight years in state prison. If the alleged victim was a minor, the minimum sentence is seven years, and the maximum sentence is 13 years.

In California, statutory rape is a crime in which an adult (18 years or older) has sex with a minor (17 years or younger), even if the sex is consensual. Statutory rape may include unlawful sexual intercourse, statutory rape crimes may be charged as misdemeanors or felonies depending on the ages of the involved parties. For misdemeanors, penalties may include up to one year in jail, probation, and a fine up to $1000. For felonies, penalties may include 16 month to four years in prison, probation, and a fine up to $10,000. Those convicted of statutory rape may also have to register as a sex offender.

California law defines sexual battery as the touching of the intimate part of another individual for the purpose of sexual gratification, arousal, or abuse. (Pen. Code, §243.4.).

Sexual battery can be charged as a misdemeanor or a felony. A conviction for misdemeanor sexual battery can be six month to one year in county jail, and a fine up to $2000. A conviction for felony sexual battery can be two to four years in state prison and a fine up to $10,000.

California law defines indecent exposure as willfully exposing your genitals to someone else, motivated by a desire to sexually gratify yourself or offend the other person. (Pen. Code, §314.).

A first indecent exposure conviction is a misdemeanor with penalties up to six months in county jail and a fine up to $1000. A second indecent exposure conviction is a felony and can lead to time served in

  • California Penal Code 261 PC - Rape defined.
  • California Penal Code 264 PC - Rape; punishment.
  • California Penal Code 261.5 PC
  • California Penal Code 243.4 PC - Sexual battery.
  • California Penal Code 314 PC - Lewd or obscene conduct; indecent exposure.

state prison. Any indecent exposure conviction may require lifetime registration as a California sex offender.

California law defines prostitution as engaging in sexual activity in exchange for money or some other benefit (Pen. Code, §647.). The crime of prostitution often involves more than just two parties. The "prostitute" refers to the person who is exchanging sexual favors for some sort of compensation, the "John" refers to the customer who is paying for sexual activity, and the "pimp" refers to the business manager of the prostitute(s) who may be responsible for recruiting prostitutes in the first place, or recommending Johns towards certain prostitutes. Solicitation is directly associated with prostitution. Solicitation refers to both the "John" approaching and offering a prostitute money for sexual activity and the "prostitute" approaching a potential John in order to secure payment for sexual activity.

Prostitution, or solicitation, is charged as a misdemeanor. The penalties for a first offense are up to six months in county jail, and/or a fine up to $1,000.

California law defines lewd conduct in public as engaging in lewd or dissolute conduct in any public place, or soliciting someone else to do so for the purpose of sexual gratification or to annoy or offend someone else. (Pen. Code, §647(a).). Sexual activity in public is not in itself a crime, however it becomes a case of lewd conduct in public when the parties involved know or reasonably ought to know that there is likely to be someone else present or watching who would be offended by the behavior.

Conviction of lewd conduct in public is a misdemeanor and can result in up to 6 months in county jail and a fine up to $1,000. Although a conviction of lewd conduct in public does not require registration as a sex offender, it is often charged together with indecent exposure which does require lifetime sex offender registration.

California law defines lewd acts with a child as touching a child somewhere on his/her body for sexual purposes (Pen. Code, §288.). Typically the accusations involve some touching or fondling of the child's sexual organ, however charges are not limited to the child's sexual organ and may include any part of the body even if the touching was done over the child's clothes.

Penalties vary based on the age of the child and the age of the accused. If the child was under 14 years old the convicted can face up to eight years in state prison (or ten years if force was used). If the child was 14 or 15 years old and the accused was at least 10 years older than the child they may face up to three years in state prison. If the minor was 16 or 17 years old, the case would be prosecuted as a statutory rape of sexual battery. Any conviction of lewd acts with a child would also result in a lifetime registration as a California sex offender.

  • False accusations made by the accuser.
  • Penal Code 290 PC - The Sex Offender Registration Act.
  • California Penal Code 647 PC -- Disorderly conduct [Prostitution].
  • California Penal Code 266h -- Pimping and pimping a minor; punishment.
  • California Penal Code 288 -- Lewd acts with a minor.

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