Los Angeles Child Sex Crimes Attorney

Los Angeles Sex Crimes Lawyer

Sex crimes involving children are among the most serious offenses under both California and Federal law.  The government recognizes a strong sense of obligation to protect children, and lawmakers and voters tend to heavily favor harsher punishments and stricter laws for sex offenses, especially those involving children.

If you or a loved one is facing one of these serious sex crimes charges, it is absolutely imperative that you have a dedicated, intelligent, and experienced criminal defense attorney on your side to contest the charges and assert your rights and defenses.

Lewd or Lascivious Acts with a Child (PC 288)
Lewd or lascivious acts with a child, often called "Child Molestation" involves touching and other lewd acts done for the defendant's sexual gratification.  PC 288(a) is punishable by up to 8 years in prison.  If the crime involved the use of force or violence, there is a maximum penalty of 10 years under this section.  These are extremely serious charges that carry very serious consequences.  Defenses include: false accusations, incorrect recollection, mistaken identity, lack of intent to arouse, etc.

Oral Copulation (PC 288a)
PC 288a is different, but similar to section 288.  PC 288a is felony unless the victim is 16 or older and the defendant is under 21 (in which case it is a wobbler).  If the victim is between the ages of 10 and 14, PC 288a is punishable by up to 8 years.  If the crime involves the use of force or violence, and the victim is under 14, it is punishable by up to 12 years in prison.  Again, defenses include false accusations, incorrect recollection, mistaken identity and lack of intent.

Sending Harmful Matter to a Minor with the Intent to Seduce (PC 288.2)
First offense is a wobbler and can be charged as a misdemeanor or felony.  Second and subsequent offenses will be charged as a felony, punishable by up to 3 years in prison.  Defenses include not knowing that the recipient is a minor, and not acting with the intent to seduce.  Mistaken identity can take a unique turn in these cases because the identity of the sender of such matter ay be a mystery.  The use of cell phones and computers does not always reveal the true sender's identity.  Even if a photograph is taken of the defendant, it could be sent (perhaps even from the defendant's own electronic devices), by someone else. 

Contacting a Minor with Intent to Commit Sexual Offense (PC 288.3)
A common charge in California sting operations.  Detectives have been able to lure adult offenders into meeting who they believe to be a minor.  In reality, it ends up being a detective.  These sting operations can .  Because this is a "caught in the act" type of offense, it is akin to criminal attempt, pursuant to PC 664.  These acts are punishable in the same manner as attempt, relating to the intended acts.  Typically a felony, most of these acts will be subject to a state prison sentence.

Continuous Sexual Abuse of a Child (PC 288.5)
Three more more acts of substantial sexual conduct with a child under 14 is an extremely serious felony offense in California, punishable by up to 16 years in California state prison.  The repeated nature of this offense make it more serious and the law therefore provides harsher punishments.  Repeated abuse is deemed to have a greater effect on victims, and .  While there may be evidentiary issues for the government in trying to prove multiple acts, the accusation alone is enough to convince many juries.


Sexual Acts with a Child 10 or Younger (PC 288.7)
Sexual acts with a child under the age of 10 is a serious felony, punishable by imprisonment in the state prison for 15 or 25 years to life.  One of California's harshest sex offenses, PC 288.7 can lead to life in prison as well as lifetime sex offender registration upon release.  There are defenses, and it is possible to negotiate a lesser sentence. 

Forcible Acts of Sexual Penetration (PC 289)
Forcible acts of sexual penetration of a minor under 18 is punishable by 8 years in prison.  If the victim is under 14, it is punishable by up to 12 years.  This crime is punished more severely than rape due to the age and vulnerability of the victims.  Consent is not a defense, but it may be possible to establish that no force or violence took place, allowing for reduction to a lesser charge, with less serious consequences.

Statutory Rape (PC 261.5)
California's age of consent is 18.  While some other jurisdictions have close-in-age provisions that would permit a 19 and 17 year old, for example, to lawfully engage in sexual intercourse, California does not recognize the ability of a minor (anyone under 18) to consent to sex.  Even two minors are each technically guilty of statutory rape if they engage in seemingly consensual sex.  Statutory rape is a "wobbler" which means that it can be filed as a misdemeanor or as a felony.  The prosecuting attorney will decide whether to file the case as a misdemeanor or felony on the basis of several factors including: the age difference, age of the victim, whether a position of power exists (e.g. student-teacher), the defendant's criminal history and more.  In many jurisdictions the statutory rape laws are strict liability, but Californians charged with statutory rape may assert a defense if they thought the "victim" was under 18 and it was reasonable for them to think that.  This "reasonable mistake of age defense" is not a bright line standard, and can be a difficult defense to win.

Possession of Child Pornography
Possession of child pornography is a frequent Federal criminal charge.  In California, PC 311 makes it a crime to posses pornographic images depicting children.  Possession of child pornography cases have many defenses, including: (1) the material belongs to someone else, (2) the material is not child pornography (for scientific purpose, actually an adult who looks like a child, (3) the defendant accidentally came to possess the child pornography (i.e. by accident).  Additionally, your attorney may be able to suppress evidence found as the result of an unlawful search or argue entrapment by police in cases involving undercover police sting operations.  PC 311 is a "wobbler"  and is punishable by up to 6 years in prison, and lifetime sex offender registry.

Pimping a Minor
Pimping, in itself, is a much more serious crime than most people would probably realize.  Pimping of a minor, however, is treated much more seriously, punishable by up to 8 years in prison.

If you or a loved one is facing serious sex crimes charges, it is vital that you have an aggressive, knowledgeable and experienced criminal defense attorney on your side.  These offenses are aggressively prosecuted and judges and juries tend to lack sympathy, and even lack objectivity in cases involving child sex crimes accusations.  The accusations may be less reliable than for other crimes, but that does not mean that they are taken less seriously.  It takes a knowledgeable and talented lawyer to expose the unreliability of such an accusation as well as to dismantle the case the government has.  Having a powerful negotiator represent you might help you to avoid a felony, prison or PC 290 sex offender registration through careful plea bargaining.

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Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

Useful LA Criminal Defense Resources:
LA Inmate Locator 
LA Superior Court  
LAPD Online 
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule