Both California and federal law harshly punish people arrested for, charged with, or convicted of sexual offenses. In addition to potential prison sentences of ten, fifteen, or thirty years, sex-related crimes also trigger a cascade of other potential costs, including job loss, social stigmatization, and permanent termination of parental rights.
Further, as technology continues to evolve and improve, the investigation, prosecution, and sentencing of sex-related crimes continues to rely more and more on cell phone, computer, and other technical evidence. Finding a lawyer that understands both the law and technology is thus more important than ever, and at Jayne Law Group, our attorneys are committed to continuously improving their skills to aggressively defend our clients against the government.
California Sex Crimes
The California Penal Code criminalizes numerous sex offenses, including:
- Aggravated sexual assault (Cal. Pen. Code § 269)
- Indecent exposure (Cal. Pen. Code § 314)
- Lewd acts with a minor (Cal. Pen. Code § 288)
- Production, possession, and distribution of child pornography (Cal. Pen. Code §§ 1, 311.2, 311.11)
- Rape, including statutory rape and date rape (Cal. Pen. Code §§ 261, 5)
- Sex trafficking (Cal. Pen. Code §§ 1, 267)
- Failure to register as a sex offender (Cal. Pen. Code § 018)
Additionally, many of these offenses are considered “strikes” under California’s Three Strike Law, codified in Cal. Pen. Code § 667.5. A strike is a violent or serious felony, as defined under Cal. Pen. Code §§ 667.5 and 1192.7, and if a defendant is convicted of a strike, they can eventually be sentenced to life in prison.
Mandatory Sex Offender Registration
In California, most sex crimes require convicted defendant to register as a sex offender. Until 2021, California was one of four states to impose a lifetime registration requirement. Fortunately, the California Department of Justice now uses a three tier system where each tier requires a mandatory registration period:
- Tier One: 10 years
- Tier Two: 20 years
- Tier Three: Lifetime
Federal Sex Crimes
The federal United States Code also criminalizes several sex crimes, including several types of child pornography offenses:
- Possess, distribution, and receipt of child pornography (18 U.S.C. §§ 2252, 2252A)
- Production of child pornography (18 U.S.C. § 2251)
- Selling and buying of children (18 U.S.C. § 2251A)
- Production of sexually explicit depictions of a minor for importation into the United States (18 U.S.C. § 2260)
Unlike California, the federal law relies on the United States Sentencing Guidelines to calculate and determine the appropriate sentence for someone convicted of a sex crime. Under the Guidelines, criminal defendants may be punished with mandatory minimums of ten, fifteen, twenty, or thirty years. For example, any violation of 18 U.S.C. § 2251 triggers a mandatory minimum of fifteen years. If previously convicted of certain federal or state sex crimes, the mandatory minimum for the subsequent conviction jumps to twenty-five years.
Punishment for Sex Crimes and Sexual Assault
The consequences of a conviction for a sex crime are significant and may include:
- Lengthy prison sentences
- Fines, fees, and restitution
- Probation, parole, or supervised release
- Permanent criminal record
- Employment restrictions
- Residential restrictions
- Child custody restrictions
- Gun ownership restrictions
Experienced Attorneys Make a Difference
Before founding Jayne Law Group, Julia Jayne worked as a prosecutor. Now, Julia uses her decades of experience to defend criminal defendants against allegations of sexual assault, possession of child pornography, and other federal and state crimes. At Jayne Law Group, Mrs. Jayne personally trains each attorney to handle even the most complicated and difficult case, and our holistic approach means that clients have full confidence that we have thoroughly explored every available defense.
If you or a loved one are facing sex charges, contact Jayne Law Group to speak with an experienced attorney today.