Articles Posted in Sex Crime

Possession of sexual material involving children is a serious crime in California. In such cases, determining exactly what is considered pornographic, what the intention of the material is and whether or not the suspect was even aware of the existence of the material can become complicated.

Child pornography is material that clearly depicts minors simulating or engaged in sexual conduct. Children and adults cannot legally consent to this type of activity with a minor. So such depictions of sexual conduct are illegal. Forms of sexual conduct include sexual intercourse, lewd acts, oral sex, sadomasochistic abuse, masturbation or the exhibition of genitals. Penal Code 311.11 makes it a crime to possess any material depicting these acts. The penalties for possession of child pornography in California include a fine of up to $2,500 and imprisonment for up to one year.

To obtain a conviction in a child pornography case, the prosecution will have to prove that the suspect knowingly had these types of materials in his or her possession and that the suspect was aware that the people in the pictures were underage. There are also other factors and questions that determine the course and outcome of these cases. Did the authorities legally seize the materials? Were any of the defendants’ constitutional rights violated? What was the suspect’s intent? Was the material used for some type of research? Did the defendant know that the materials were in his or her possession?

A 32-year-old man has been arrested for lewd conduct at a Los Angeles public pool. According to a news report in the Los Angeles Times, the lewd conduct arrest occurred at the Ted Watkins Memorial Park Pool on East 103rd Street in Los Angeles. The alleged lewd behavior involved four girls between the ages of 9 and 13. Lifeguards at the pool informed the authorities of the man’s behavior. All four girls told police that the man touched them “on areas of their body that made them uncomfortable.”

Under California Penal Code Section 647, it is a misdemeanor for “anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.” The penalties for a lewd act may be stepped up if the victim is a minor.

California Penal Code Section 288 states that “any person who willfully and lewdly commits any lewd or lascivious act upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony.”

Police in Huntington Beach arrested four convicted sex offenders on charges of violating their parole. The Orange County Register reports that law enforcement officials conducted a sweep of Southern California registered sex offenders in the city and checked up on 16 others who are on active parole. Four were arrested after they were found to have violated conditions of their parole, officials said. There are currently 178 sex offenders in the city of Huntington Beach of whom 95 are listed on the Megan’s Law website. The sweep was conducted by a task force comprising local, county and state law enforcement officials.

When you are convicted of a sex crime in Orange County or anywhere in California, the consequences are usually long-term. Not only does the defendant face jail or prison time and hefty fines, but he or she is also required to register as a sex offender – even after serving time. Convicted sex offenders are required to register with local law enforcement agencies. Their information, including home address and photo, could be posted on the Megan’s Law website for the public to see. In addition, a number of cities in Orange County are adopting ordinances banning convicted sex offenders from entering city parks without prior police permission.

These consequences are the reason why it is imperative for anyone who has been charged with a sex crime to seek the counsel of an experienced Huntington Beach sex crime defense lawyer. The reputed Orange County criminal defense lawyers of Sitkoff & Hanrahan know and understand the high stakes in any sex crime case. We will put our decades of experience as former prosecutors and investigators to work for you in order to obtain the best possible outcome in your case. Call us today at 866-430-8383 to schedule a free consultation and get the help you need.

A 29-year-old Orange County man has been charged with child annoyance in connection with incidents involving four teenage girls on multiple occasions. According to a news report in The Orange County Register, the man faces up to six years in prison. Officials say the man approached the teenagers three days in a row outside their school. According to the report, the man tried to have extended conversations with them and tried to get their phone numbers. He was arrested in his Whittier home after the authorities created a composite drawing based on descriptions and a subsequent photo lineup.

Under California Penal Code Section 647.6: “Every person who annoys or molests any child under 18 years of age shall be punished.” Also, every person who, “motivated by an unnatural or abnormal sexual interest in children, engages in conduct with an adult whom he or she believes to be a child under 18 years of age,” may face penalties including prison time.

A person does not actually have to even touch an alleged victim to be charged with these serious sex crimes in California. It is important that the authorities keep potentially dangerous individuals away from young victims, but it is equally important to protect the rights of individuals who did not commit a crime. An experienced Whittier sex crime defense attorney can review the circumstances of a case to determine if the charges can be reduced or dismissed.

A 34-year-old man from Santa Ana has been arrested for lewd and lascivious acts with a child under 14. According to a news report in The Orange County Register, the arrest occurred in Santa Ana. Officials say the man was charged after an 8-year-old girl told an adult female relative that the suspect touched her. He has been charged with numerous felonies including oral copulation and rape.

Lewd act with a child is defined by California Penal Code section 288 as inappropriate touching of a child under the age of 14 for the purpose of sexual gratification. This is clearly a very serious allegation. There is no question that our children should be protected from sexual predators. Unfortunately, this is a crime that commonly involves false allegations or even misunderstanding. The impact of sex crime allegations can be significant for anyone. A person does not have to actually end up being convicted in order to face serious personal and professional consequences.

An experienced Orange County sex crime defense attorney will fight to ensure that false allegations do not result in a wrongful conviction. There are many questions to be asked in any sex crime case. Is there forensic evidence against the defendant or is the case built on hearsay? Were there any witnesses to the alleged crime?

Several cities in Orange County, including Irvine and Westminster, are in the process of deciding whether to further restrict the rights of convicted sex offenders by not allowing them into city parks. According to a news report in The Daily Pilot, these citywide ordinances would ban sex offenders from playgrounds and city parks unless they receive permission from an Orange County sheriff. Penalties for violating this new law could include up to six months in jail and a $500 fine. If passed, parents who have been convicted of a sex crime in the past will not be able to bring their children to a public playground without seeking permission. Orange County supervisors have already voted in favor of banning convicted sex offenders from all parks in the county.

There are already a number of long-term penalties that alleged sex offenders must face. Under Megan’s Law, for example, certain sex offenders are required to register with the local law enforcement agency in their city of residence. Anyone with access to the internet can view where they live, what crime they were convicted of, and in some cases, a photo of the person.

Many registered sex offenders may difficulty finding employment because of a prior conviction. Employers who are required to perform background checks are not likely to hire someone with a sex crime on their record. The initial criminal penalties and the long-term consequences are why it is crucial that anyone facing sex crime charges seek the counsel of an experienced sex crime defense lawyer.

The Ventura County Sheriff’s Department has released a sketch of a 40- to 45 year-old Caucasian man who has been accused of a lewd act involving a child at Santa Susana Park in Simi Valley according to a news report in The Ventura County Star. Police say the man followed two children into a tunnel and committed an unspecified lewd act. Neither of the children was hurt in the alleged incident.

California Penal Code Section 288 covers lewd acts involving children. It states that “any person who willfully and lewdly commits any lewd or lascivious act…upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony.”

This felony carries severe penalties, including imprisonment for three, six, or eight years. Anyone facing these serious allegations would be well-advised to seek the counsel of an experienced criminal defense lawyer before discussing the case with the authorities. Many of these types of cases arise from false allegations and mistaken identities. An attorney will ensure that the defendant’s rights are protected.

A 29-year-old male caregiver has been arrested in Los Angeles for allegedly molesting a child. According to a news report by The Los Angeles Times, officials say the incidents that involved lewd acts occurred between March of 2008 and March of 2011. The worker has been charged with 11 counts of committing a lewd act upon a child as well as three counts of oral copulation of a person under the age of 14. The alleged offender apparently has a history of working with developmentally disabled children at a YMCA and at a high school. He has pleaded not guilty and is currently held on a $1.4 million bail.

Sex crime charges in California that involve children under the age of 14 can result in serious penalties. Under California Penal Code Section 288, a person is guilty of a lewd act with a child if an act is done “with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child.” This serious crime is a felony and it can result in a lengthy prison sentence and mandatory registration as a sex offender. A person does not have to be convicted of a lewd act to suffer social and professional penalties. In many cases, the accusation of a sex crime is enough for someone such as a caregiver or teacher to lose their job.

If you have been charged of a sex crime in California, contact the Los Angeles sex crimes defense lawyers of Sitkoff & Hanrahan. We aggressively fight to protect the rights and future of our clients because we know what’s at stake. If you or a loved one is facing serious sex crime charges, please call 866-430-8383 to discuss your case at absolutely no-cost.

Those convicted of sex crimes in California face harsh penalties including incarceration, fines, and mandatory registration as a sex offender in California. Under a new law, which is part of Chelsea’s Law signed by Gov. Arnold Schwarzenegger, a lifetime of parole will be required for habitual sex offenders, those convicted of kidnapping a child under 14 years of age with the intent of committing a specific sexual offense, and persons convicted of other specific sex crimes, including aggravated sexual assault of a child. In addition, the new law will also impose a 20-year parole period on those convicted and required to register as sex offenders for rape, sodomy, lewd or lascivious acts, continuous sexual abuse of a child and other sex crimes in which the victim is a child under 14 years of age.

This is a big change from the previous law, under which a prisoner was released on parole for a period not exceeding three years and inmates sentenced on violent felony sex crimes were released on parole for a period not exceeding five years. The maximum parole period of 10 years was reserved for those who received a life sentence for certain specified violent sex crimes.

There is no question that this new law raises the stakes for those facing sex crime charges. Under this law, certain sex offenders can face a lifetime of parole. Parole refers to the early release of prisoners for reasons such as good behavior. Parolees are placed under the supervision of a parole officer and face many restrictions. Being on parole for an extended period of time can have serious consequences on a person’s ability to reintegrate with society or even find gainful employment.