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Child Molestation Child molestation is one of the most serious offenses under California law. Child molestation crimes are prosecuted very aggressively in the state of California. A child molestation conviction can result in a state prison sentence, significant fines, and registration as a sex offender. The stigma of a child molestation conviction can negatively impact your personal, professional, and public life.

There are many different types of child molestation crimes, and they all carry serious penalties. Child molestation crimes include: The touching does not have to be on a sexual organ nor does the touching have to be on bare skin. To be convicted for committing a lewd or lascivious act with a child under the age of 14, the prosecution must prove: Under California Penal Code Section b , it is illegal to commit a lewd or lascivious act with a minor by force, fear, violence, threat or duress.

A minor is defined as a person who is under 18 years of age. If the victim is 14 or 15 years of age and you were at least 10 years older than the victim at the time of the act, you will be facing serious consequences. Depending on the circumstances of your case, committing a lewd or lascivious act with a child 14 or 15 years of age under California Penal Code Section c can be charged as a misdemeanor or felony.

A misdemeanor conviction is punishable by up to one year in county jail. A felony conviction is punishable by up to three years in state prison. This occurs when a person is motivated by sexual interest in a child. To be convicted for annoying or molesting a child , the prosecution must prove: You engaged in conduct directed at a minor; A normal person, without hesitation, would have been disturbed, irritated, offended or injured by your conduct; Your conduct was motivated by an unnatural or abnormal sexual interest in the minor; and The minor was under the age of 18 years at the time of the act.

Depending on the circumstances of your case, annoying or molesting a child under the age of 18 under California Penal Code Section Your sentence for annoying or molesting a child can increase if you have a prior criminal history involving sex offenses with a minor. If you have a previous misdemeanor annoying or molesting a child conviction, your second conviction is punishable by up to one year in state prison instead of county jail. If you have a previous felony conviction for a sex offense involving a minor, a felony annoying or molesting a child conviction is punishable by up to six years in state prison.

Oral Copulation California Penal Code Section a You could be facing up to 10 years in prison for an oral copulation conviction.

Under California Penal Code Section a, it is unlawful to commit the act of oral copulation with a minor or by force or fear. Oral copulation is defined as any contact, no matter how slight, between the mouth of one person and the sexual organ or anus of another person. Under California Penal Code Section a b 2 , if the defendant was 21 years of age or older and the minor was under the age of 16 at the time of the oral copulation, the oral copulation charge is a felony punishable by up to three years in state prison.

Under California Penal Code Section a c 1 , if the victim was under the age of 14 and the defendant was at least 10 years older than the victim at the time of the oral copulation, the oral copulation charge is a felony punishable by up to eight years in state prison. If the victim was under the age of 14 and the defendant was less than 10 years older than the victim at the time of the act, the defendant can be charged with performing lewd acts with a minor under California Penal Code Section If found guilty for this felony offense, you could be sentenced to up to eight years in state prison.

Under California Penal Code Section a c 2 3 , oral copulation of a minor by force, fear or threats under California Penal Code Section a c 2 3 is a felony offense. If the victim was between 14 and 17 years old at the time of the act, a conviction is punishable by up to 10 years in state prison.

If the victim was under 14 years old at the time of the act, a conviction is punishable by up to 12 years in state prison. The defendant must be motivated by a sexual interest in the child and must have arranged the meeting for the purpose of engaging in lewd or lascivious acts with the child. To be convicted of soliciting a minor for lewd purposes under California Penal Code Section You arranged a meeting with a minor or a person you believed to be a minor; You were motivated to arrange the meeting with a minor by an unnatural or abnormal sexual interest in the minor; You had a specific intent to engage in lewd or lascivious acts with the minor.

Under California Penal Code Section If you have no prior criminal record and it is your first offense, you may be charged under Penal Code Section To be convicted of continuous sexual abuse of a child under California Penal Code Section A conviction for the continuous sexual abuse of a child under California Penal Code Section A conviction under Penal Code Section Sex Offender Registration California Penal Code Section If you are convicted of any felony child molestation offense, you will be required to register as a sex offender according to California Penal Code Section 3.

Sex offenders must renew their registration every year for the rest of their life. Registration as a sex offender can have a major impact on where you live or work, and your standing in the community. Failing to register as a sex offender or violating registry requirements can result in more prison time.

Defenses to Child Molestation Charges You need an experienced attorney to defend your rights. Depending on the circumstances of your case, a skilled and knowledgeable sex crimes attorney may be able to argue for a reduction or dismissal of the charges against you with a viable defense. Defenses to these charges include: The touching was accidental: You did not intentionally or willfully intend to touch the child to sexually gratify or arouse yourself or the child.

There was no intent to sexually gratify or arouse yourself or the child. There was no use of force, fear, violence, duress, menace or threats if you are accused under Penal Code Section b.

Our attorneys will fight to get you the best possible outcome in your case. We will get through this together. All of the information provided on this page was retrieved from the following sources:


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Total 1 comments.
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