Sex Crimes

Sex crimes in California encompass a broad range of offenses involving allegations of sexual conduct without consent, sexual contact with minors, exploitation, or sexually motivated behavior. These charges range from misdemeanor indecent exposure to serious felonies like rape, child molestation, and possession of child pornography. California prosecutes sex crimes aggressively under Penal Code sections including rape (PC 261), sexual battery (PC 243.4), lewd acts with a minor (PC 288), annoying or molesting a child (PC 647.6), and numerous other statutes. What makes these cases unique is that convictions often require sex offender registration under Penal Code 290, which creates lifetime public notification requirements, housing and employment restrictions, and social stigma that extends far beyond any jail or prison sentence.

These charges are prosecuted with extraordinary vigor because allegations involving sexual conduct, particularly those involving minors, generate intense public and political pressure. District attorneys prioritize sex crime prosecutions, dedicate specialized units to these cases, and face public scrutiny if they’re perceived as lenient. Law enforcement receives specialized training in interviewing alleged victims, particularly children, using techniques designed to elicit disclosures. The system is built on the premise that sexual assault is underreported and victims should be believed, which means even weak cases with significant credibility issues are often prosecuted. Defense attorneys handling these cases face unique challenges because juries and judges bring preconceptions and emotional reactions that don’t exist in other criminal cases.

Common circumstances leading to sex crime charges include allegations arising from contentious divorces or custody battles where false accusations provide strategic advantage, teenagers engaged in consensual sexual activity where one party’s parents file charges, situations involving alcohol where consent is disputed, delayed disclosures where alleged victims report incidents months or years after they occurred, misunderstandings about consent in dating or hookup situations, possession of images that may constitute child pornography found during phone or computer searches, and situations involving actual non-consensual conduct. We’ve represented clients falsely accused by ex-spouses seeking custody advantages, young adults prosecuted for consensual teenage relationships, people accused based on misinterpreted behavior with children, and individuals facing charges based on evidence that doesn’t support the allegations. We also recognize that some allegations are true, and even in those cases, defendants deserve ethical representation and fair treatment within the system.

Types of Sex Crime Charges We Defend

We handle all sex crime charges in San Luis Obispo, Santa Maria, and Lompoc:

Adult Sex Crimes

• Rape (PC 261) – Non-consensual sexual intercourse accomplished through force, violence, duress, menace, fear of injury, or when the victim is unconscious, intoxicated, or otherwise unable to consent, charged as a felony with penalties of 3, 6, or 8 years in state prison, potentially more with aggravating circumstances.
• Sexual Battery (PC 243.4) – Unwanted touching of intimate parts of another person for sexual gratification, charged as a misdemeanor (up to 1 year jail) when accomplished through fraud or without force, or as a felony (2-4 years prison) when accomplished through restraint or against institutionalized victims.
• Oral Copulation by Force (PC 287) – Non-consensual oral copulation accomplished through force, violence, duress, or fear, or with victims who are unconscious or intoxicated, carrying 3, 6, or 8 years state prison, with sentence enhancements for aggravating factors.
• Forcible Penetration (PC 289) – Non-consensual penetration with a foreign object accomplished through force or fear, carrying similar penalties to rape (3, 6, or 8 years), treated as seriously as rape under California law.
• Date Rape / Acquaintance Sexual Assault – Sexual assault allegations arising from dating situations, parties, or social encounters where consent is disputed, often involving alcohol consumption, conflicting narratives, and credibility determinations with no physical evidence beyond “he said, she said” testimony.

Sex Crimes Involving Minors

• Lewd Acts with a Child (PC 288) – Touching a child under 14 for sexual purposes, one of the most serious sex crimes in California, carrying 3-8 years prison for children under 14, with enhanced penalties (6-10 years) if force is used, and requiring lifetime sex offender registration.
• Oral Copulation with a Minor (PC 287) – Engaging in oral copulation with a person under 18, with penalties varying based on age differences: misdemeanor if defendant is within 3 years of minor’s age, felony with significant prison time if age gap is larger or force is involved.
• Unlawful Sexual Intercourse (PC 261.5) – Statutory rape, engaging in sexual intercourse with a person under 18 (even if consensual), charged as a misdemeanor when defendant is within 3 years of minor’s age, felony when age gap exceeds 3 years, with enhanced penalties when minor is under 16 and defendant is 21+.
• Annoying or Molesting a Child (PC 647.6) – Conduct directed at a child under 18 that would unhesitatingly disturb or irritate a normal person, a wobbler offense (misdemeanor or felony) that can be charged for relatively minor conduct but still requires sex offender registration upon conviction.
• Child Pornography Possession (PC 311.11) – Possessing, downloading, or viewing images depicting minors engaged in sexual conduct, charged as a felony carrying 16 months to 3 years prison per image (charges can stack), with mandatory sex offender registration and federal charges possible.
• Child Pornography Distribution (PC 311.2) – Distributing, sending, or sharing images constituting child pornography, even unintentionally through file-sharing programs or cloud services, carrying 2-6 years state prison and federal prosecution in many cases.

Internet and Technology-Related Sex Crimes

• Online Solicitation of a Minor (PC 288.3/288.4) – Contacting or attempting to contact a minor with intent to commit a sexual offense, including internet stings where law enforcement poses as minors, carrying 1-5 years prison depending on the target’s alleged age.
• Arranging Meeting with Minor for Lewd Purposes (PC 288.4) – Arranging to meet with a minor for sexual purposes, even if the meeting never occurs, commonly charged in internet sting operations, carrying 2-4 years prison.
• Sending Harmful Material to Minor (PC 288.2) – Sending or exhibiting sexual material to minors with intent to seduce, carrying 1 year jail for misdemeanor, 2-5 years prison for felony, often charged in sexting or online communication cases.

Serious Sex Crime Felonies

• Forcible Rape with Great Bodily Injury – Rape allegations involving injury enhancements, adding 3-5 years to base sentences, classified as violent felonies counting as strikes under California’s Three Strikes Law.
• Sexual Assault of Unconscious Person (PC 261(a)(4)) – Sexual penetration of someone unable to resist due to intoxication, unconsciousness, or drugs, carrying same penalties as forcible rape (3, 6, or 8 years) but without requiring proof of force.
• Rape in Concert (PC 264.1) – Acting in concert with others to commit rape, carrying mandatory 5, 7, or 9 years in state prison, significantly higher than individual rape charges.
• Aggravated Sexual Assault of a Child (PC 269) – Sexual penetration or oral copulation with a child under 14 or under 13, carrying 15 years to life in state prison, the most severely punished non-homicide offense in California.

Related Sex Crime Charges Often Filed Together

• False Imprisonment (PC 236/237) – Unlawfully restraining someone’s movement, often charged alongside sexual assault when victim alleges being held against their will, adding misdemeanor or felony charges with additional custody time.
• Contributing to Delinquency of a Minor (PC 272) – Charged when adults engage in sexual or inappropriate conduct with minors, often added to statutory rape or lewd conduct charges, carrying misdemeanor penalties.
• Indecent Exposure (PC 314) – Exposing genitals in public for sexual gratification, charged as a misdemeanor (first offense) or felony (subsequent offenses or to minors), requiring sex offender registration.
• Child Endangerment (PC 273a) – Charged when sexual conduct with minors occurs, often added to other charges to increase penalties and negotiating leverage.

Additional Sex Crime Offenses

• Spousal Rape (PC 262) – Non-consensual sexual intercourse with a spouse, prosecuted under different statute than general rape but carrying similar penalties, with consent disputes often central to defense.
• Sexual Exploitation by Therapist or Clergy (PC 261.5, PC 288a) – Sexual conduct between therapists, counselors, clergy, or other professionals and their clients/parishioners, carrying enhanced penalties due to position of trust.
• Failure to Register as Sex Offender (PC 290) – Failing to comply with sex offender registration requirements, charged as felony carrying 16 months to 3 years prison, prosecuted aggressively even for technical violations.
• Pimping and Pandering (PC 266h, 266i) – Deriving support from or arranging for prostitution, carrying 3-6 years prison, often charged with sex trafficking enhancements in federal court.

This list represents sex crime charges we defend, but we handle all allegations in this category. If you’re facing charges not listed here, or you’re unsure exactly what you’ve been charged with, we can help. Sex crime allegations are the most serious accusations anyone can face, and understanding what you’re actually charged with is essential to mounting an effective defense.

Call us at (805) 621-7181 for a confidential consultation about your specific charges.

Consequences of Sex Crime Convictions

Sex crime convictions result in consequences beyond any other type of criminal case:

• Sex offender registration (PC 290) – Lifetime registration requirement for most sex offenses, requiring registration with local law enforcement every year (or every 90 days for high-risk offenders), with residence address, employment, vehicle information, and photograph publicly searchable on the Megan’s Law website accessible to anyone
• Residency restrictions – Registered sex offenders cannot live within 2,000 feet of schools or parks where children congregate under Jessica’s Law (for offenses against children), severely limiting housing options particularly in California where schools and parks are common
• Employment destruction – Sex offender registration appears on all background checks, making employment in most fields impossible, with automatic disqualification from teaching, healthcare, childcare, coaching, any position involving children or vulnerable adults, and most professional licenses
• Prison or jail sentences – Rape and serious sex crimes carry 3-8 years state prison; child molestation carries 3-10 years; aggravated sexual assault of a child carries 15 years to life; sentences served at 85% minimum (no half-time credits available)
• Lifetime parole or probation – Many sex crime convictions result in lifetime parole or probation supervision with invasive conditions including polygraph testing, restrictions on computer and internet use, GPS monitoring, warrantless searches, and prohibition on contact with minors including your own children
• Immigration consequences – All sex crimes are deportable offenses for non-citizens, with no exceptions, no relief available, and immediate detention by ICE following conviction, resulting in permanent bars to reentry to the United States
• Custody loss – Convicted sex offenders lose custody of their children, face supervised visitation only (if any), and have their parental rights severely restricted or terminated, with courts presuming contact is not in children’s best interests
• Social and family destruction – Public sex offender registration destroys reputations, ends marriages and relationships, results in estrangement from family members, and subjects defendants to public harassment, vigilante violence, and community ostracism
• Housing discrimination – Landlords routinely deny housing to registered sex offenders, public housing is unavailable, and residency restrictions make finding legal housing nearly impossible, leading to homelessness
• Loss of fundamental rights – Depending on the conviction, loss of voting rights while incarcerated, loss of gun rights for life, restriction on international travel with many countries denying entry to registered sex offenders
• Mandatory therapy and polygraph – Court-ordered sex offender treatment programs lasting years, costing thousands of dollars, requiring admission of guilt and acceptance of responsibility, with polygraph testing used to monitor compliance
• Electronic monitoring for life – GPS ankle monitoring for high-risk offenders, requiring charging devices, restricting movement, and creating constant surveillance, often required for life

Sex Offender Registration Tiers

California implemented a three-tier sex offender registration system in 2021:

Tier One (10 Years) – Less serious offenses including some statutory rape cases, indecent exposure, and certain child pornography possession charges, with registration ending after 10 years if all conditions met and no subsequent offenses.

Tier Two (20 Years) – More serious offenses including rape without aggravating factors, lewd acts with minors, contact offenses involving minors, with registration for 20 years before potential removal from registry.

Tier Three (Lifetime) – Most serious offenses including rape with force or violence, aggravated sexual assault of children, repeat sex offenders, requiring lifetime registration with no possibility of removal except through extraordinary relief like certificate of rehabilitation and pardon.

Even “low-tier” registration destroys employment prospects, housing options, and reputation. The tier system provides some path to relief after decades, but the immediate consequences remain devastating regardless of tier.

Why You Need an Attorney for Sex Crime Charges

The Stigma Requires Specialized Representation

Sex crime allegations carry stigma unlike any other criminal charge. Juries presume guilt, judges are harsher, and the public views defendants as monsters before hearing evidence. Police officers, prosecutors, and even defense attorneys sometimes struggle to view sex crime defendants objectively. You need an attorney who can navigate this environment without being affected by the stigma, who will investigate thoroughly rather than assume guilt, and who understands that allegations aren’t evidence. We’ve represented clients who were innocent, clients whose conduct was misinterpreted, and clients whose cases involved consent disputes where truth was complicated. Regardless of circumstances, every defendant deserves representation that’s vigorous, thorough, and untainted by preconceptions.

These Cases Are Defensible

Prosecutors and the public want to believe that sex crime cases are open-and-shut, but the reality is these cases often involve significant credibility issues, false allegations, misinterpreted conduct, and consent disputes. We’ve won acquittals in cases where prosecutors had “he said, she said” testimony but no physical evidence. We’ve exposed false accusers motivated by custody battles, financial gain, or revenge. We’ve demonstrated that conduct was consensual, that alleged victims fabricated or exaggerated claims, and that forensic evidence contradicted allegations. DNA evidence, cell phone records, social media communications, witness testimony, and thorough investigation frequently reveal that allegations don’t match reality.

Forensic Evidence Requires Expert Analysis

Sex crime prosecutions rely heavily on forensic evidence: SANE (Sexual Assault Nurse Examiner) reports, DNA analysis, digital forensics from computers and phones, and expert testimony about child victim interviews. These reports and analyses are often flawed, incomplete, or misinterpreted. SANE exams frequently find no injuries even in actual assaults, yet prosecutors mischaracterize findings. DNA evidence requires understanding transfer, persistence, and degradation. Digital forensics involves technical analysis of metadata, timestamps, and file origins. Child interview techniques are controversial and suggestive. We work with defense experts who challenge prosecution forensics, identify errors in analysis, and present alternative explanations that juries understand.

Experience Matters

We’ve defended sex crime cases in San Luis Obispo, Santa Maria, and Lompoc courts for over 15 years. We know the specialized prosecutors handling these cases, their tactics, and their weaknesses. We know which judges have handled hundreds of sex crime cases and which ones are newer to these allegations. We understand local jury pools and what arguments resonate in Central Coast communities. We know forensic interviewers, SANE nurses, and law enforcement personnel involved in these investigations. That experience informs our defense strategies, negotiation approaches, and trial tactics in ways that generalist criminal defense attorneys can’t match.

How Central Coast Criminal Defense Can Help

Helping clients in San Luis Obispo, Santa Maria, and Lompoc defend against sex crime allegations since 2010, we provide:

• Thorough Case Investigation – We obtain all discovery including police reports, forensic interviews, SANE examinations, DNA reports, and digital evidence, retain defense investigators to interview witnesses and locate evidence prosecution ignores, obtain cell phone records, social media communications, and text messages that contradict allegations, and investigate alleged victims’ backgrounds, motives, and credibility when relevant to the defense.
• Expert Witness Coordination – We work with forensic experts who challenge SANE examinations and injury interpretation, DNA experts who explain transfer, contamination, and alternative explanations, digital forensics experts for computer and phone evidence, psychologists who evaluate child interview techniques and suggestibility, and other specialists depending on case-specific issues.
• Strategic Defense Development – We challenge credibility of accusers through cross-examination and impeachment evidence, present consent defenses when conduct was consensual but disputed, demonstrate false allegations through evidence of motive (custody, money, revenge), prove impossibility or alternative explanations for alleged conduct, and file motions to exclude prejudicial evidence or suppress illegally obtained evidence.
• Negotiation for Best Possible Outcomes – We work with prosecutors to negotiate reduced charges that don’t require sex offender registration when possible, argue for misdemeanor resolutions instead of felonies, present mitigating circumstances including lack of criminal history and positive character evidence, and explore diversions or alternatives for cases involving teenagers or marginal conduct.
• Confidential, Judgment-Free Representation – You work directly with attorneys who understand these allegations are life-destroying regardless of guilt or innocence, maintain strict confidentiality in highly sensitive matters, and provide representation that’s vigorous and thorough without judgment about what happened.

We understand that people accused of sex crimes are facing the most serious allegations possible—charges that destroy reputations, end careers, devastate families, and result in lifetime consequences even if prison time is avoided. We’ve represented people falsely accused, people whose conduct was misinterpreted, people in consent disputes where alcohol or misunderstanding played roles, and people who made mistakes but don’t deserve lifetime registration and social destruction. We’ve also represented people charged with serious offenses who deserve ethical representation and fair treatment regardless of allegations.

Our approach focuses on truth, evidence, and protecting what can be protected. What actually happened? What does the evidence actually prove versus what prosecutors claim? Are there credibility issues with the accuser? Is there forensic evidence contradicting the allegations? Was conduct consensual but disputed afterward? We investigate thoroughly, challenge aggressively, and fight to prevent convictions based on insufficient evidence, false allegations, or misunderstandings.

Sex crime allegations can be defended. We’ve won dismissals, acquittals, and reductions that avoided sex offender registration. We’ve exposed false accusers, demonstrated consent, and shown that evidence didn’t support allegations. Whether you’re facing rape charges, child molestation allegations, statutory rape accusations, or internet sex crime charges, whether allegations are completely false or involve misunderstandings about consent, we’re here to provide the representation these serious charges demand.

Don’t Wait—Call Us Today

Sex crime investigations often begin before arrests, and early intervention can prevent charges from being filed or shape the investigation favorably. If you’re under investigation, have been contacted by police, or have been arrested, immediate representation is critical.

These allegations don’t have to define your life. Let us provide the defense you deserve.