Sex Crimes - Frequently Asked Questions
Common Questions About California Penal Code Title 9
If you have been arrested for or are under investigation for a sex offense,
your charges will be drawn from the California Penal Code Title 9, which
are the "crimes against the person involving sexual assault, and
crimes against public decency and good morals" as a California resident
or someone who has otherwise committed this type of offense in the state
of California. If this is your first charge of this nature, or even if
you have been labeled a habitual offender, there are certain things you
should know. Below are some of the most common questions about sex crimes
detailed under this title of the penal code- from
rape allegations to
sex offender registration.
I've been charged with statutory rape, but the sex was consensual.
Is this lawful?
According to § 261.5 of the California Penal Code, unlawful sexual
intercourse with a minor (someone under the age of 18) or "statutory rape" charges can stand regardless of whether or not there was consent.
The law views individuals under the age of 18 as unable to lawfully give
their consent, as they are still under the age of consent, which is 18.
So long as the minor is not married to the alleged perpetrator, this criminal
charge can stand.
Can I be legally charged with rape if the alleged victim is my spouse?
Unlawful sexual intercourse (statutory rape) charges cannot stand if the
alleged victim is the legal spouse of the alleged perpetrator. However,
there are some instances in which rape can be charged even when the victim
is the perpetrator's spouse. According to § 262 of the penal
code, rape against a spouse can be accomplished by means of force, violence,
duress, fear or intimidation. There are also certain other circumstances
that could constitute rape against a spouse- for more information on this
topic, please refer to
§ 262 of the California Penal Code.
Can I be arrested for lewd conduct or indecent exposure for urinating in public?
According to § 314 of the penal code,
lewd conduct or
indecent exposure involves "willfully and lewdly" exhibiting a private part when
there are other persons present. If you are arrested for indecent exposure
in this way, a possible defense could be that you did not know other people
were present or you did not intend to offend or annoy anyone by this action.
What are the penalties for hiring a prostitute in California?
Prostitution is illegal in the state of California. It is illegal to engage in prostitution
just as it is illegal to solicit or agree to engage in the act of prostitution
according to California Penal Code § 647. This means that the prostitute
can be arrested and charged just as the "customer" can be arrested
and charged. The penalties for hiring a prostitute and engaging in the
act of prostitution in this state are imprisonment and fines in varying
degrees. For a first offense, this is a misdemeanor that could warrant
up to six months in county jail and fines not to exceed $1,000.
What are my defenses if I've been accused of date rape?
Date rape laws are detailed in § 261 of the California Penal Code. By definition,
rape is unlawful sexual intercourse accomplished without the consent of
the victim. When a perpetrator allegedly intoxicates or drugs their victim
for the purpose of sexual assault, this is date rape. If a victim is drugged
or inebriated, they cannot lawfully give their consent. In light of this,
date rape charges can be defended a few different ways. One possible defense
is claiming that you were wrongfully accused. If a DNA test does not match
the perpetrator's DNA, then the charges should be dropped. Another
possible defense is that there actually was consent or that the "victim"
ingested the drugs or alcohol knowingly and of their own will.
Can a sex offense be expunged or removed from my record?
In some cases, yes. According to § 299 of the California Penal Code,
"a person who has no past or present qualifying offense, and for
whom there otherwise is no legal basis for retaining (DNA specimen and
database profile), may make a written request to have his or her specimen
destroyed and their profile
expunged from the data bank program."
Can I be arrested on child pornography charges for simply viewing and not
child pornography laws can be found in the penal code § 311.3 and 311.11. Child pornography
can be charged as a state offense or as a federal offense, depending on
the circumstances, since there are both U.S. and state codes that forbid
it. That being said, the penal code makes it illegal to knowingly possess OR
control matter that depicts someone under the age of 18 engaging in sexual acts.
If investigators determined that you intentionally and deliberately searched
to view this type of content, even without downloading it, then you may
More questions? Call a Los Angeles sex crime attorney today!
If you have more questions about the various sex offenses in the state
of California, or those sex offenses that qualify as federal crimes, please
do not hesitate to consult with a
Los Angeles sex crime attorney at our firm. Okabe & Haushalter is extremely experienced with these
types of cases, and can fight to see that you don't face the lifelong
repercussions such as social stigmas, sex offender registration and more.