- Statutory rape (PC § 261.5). This is sexual intercourse with a minor. Under California law, a minor is legally incapable of giving consent, so consent is not a defense to this charge.
- Indecent exposure (PC § 314). This crime involves willfully and lewdly exposing one's private parts in a public place where others could be offended.
- Possession or distribution of child pornography (PC § 311.11). A serious felony that involves possessing, creating, or distributing materials that depict minors engaged in sexual conduct.
Penalties for Sex Crime Convictions in California
A conviction for a sex crime in California carries some of the most severe and long-lasting penalties in the criminal justice system. The consequences are designed to be punitive and will follow you for the rest of your life, affecting your freedom, where you can live, and what you can do for work.
The primary penalties include state prison sentences ranging from several years to life, depending on the offense, and substantial fines and victim restitution. However, for many, the most devastating consequence is mandatory sex offender registration.
Mandatory Sex Offender Registration (Megan's Law)
Under California Penal Code § 290, individuals convicted of certain sex offenses are required to register as sex offenders. For many, this is not a short-term obligation; it can last a lifetime.
California uses a three-tiered registration system:
- Tier 1 applies to lower-level offenses and requires registration for a minimum of 10 years.
- Tier 2 involves more serious offenses and requires at least 20 years of registration.
- Tier 3 is reserved for the most serious offenses and requires lifetime registration.
Registration is not passive. It requires individuals to update their information annually with local law enforcement. This includes current address, place of employment, and other identifying details. Much of this information, such as name, photo, and address, is publicly available on the Megan’s Law website.
In addition to public disclosure, registration comes with strict limitations. These include restrictions on where a person can live, particularly concerning schools, parks, and other areas where children are commonly present.
Defending Against a Sex Crime Allegation
In sex crime cases, the credibility of the accuser and the accused is often the central issue. The prosecution is burdened to prove every element of the crime "beyond a reasonable doubt." At Law Office of Christopher Loethen, my job is to meticulously investigate the facts and challenge the prosecution's case at every turn.
Building a defense against these allegations requires a careful and thorough approach.
Potential defense strategies can include:
- Challenging the issue of consent. In many cases involving adults, the central dispute is not whether an act occurred, but whether it was consensual. My investigation would focus on finding evidence, such as text messages, emails, or witness statements, that supports the existence of a consensual encounter.
- Exposing false accusations. It is an unfortunate reality that false allegations are sometimes made, often motivated by revenge, anger, or to gain an advantage in a separate legal matter, like a child custody dispute. My role is to investigate the accuser's credibility and expose any motives to lie.
- Mistaken identity. If the perpetrator's identity is in question, I will challenge the reliability of eyewitness identification, which is known to be fallible, and scrutinize any forensic or DNA evidence linking you to the crime.
- Demonstrating insufficient evidence. I will analyze the prosecution's case for weaknesses and inconsistencies. By showing a jury that the evidence is unreliable or that there are other plausible explanations for what happened, we can create the reasonable doubt required for an acquittal.
I listen without judgment and prepare every defense with care and precision.
I founded Law Office of Christopher Loethen to provide high-quality representation for people facing serious charges. I offer free and confidential consultations, and I’m available 24/7. Virtual meetings are also available, and I speak Spanish, because access to help should never be out of reach.
To speak with a sex crime lawyer in Merced, call (209) 546-6192 or contact me online.
