California Sex Crimes Laws cover a range of offenses that attract varying penalties. Among the most serious crimes is aggravated sexual assault of a child. Penal Code 269 describes the offense as having certain types of sexual contact with a minor younger than 14, where the age difference between the juvenile and defendant is seven years or more. The severity of this sex crime puts the penalties at the harsher end of the spectrum.
State and federal laws ensure zero-tolerance of violent crimes against minors. A mere accusation is enough to have the law enforcement, prosecution, and even child protective services investigating your case to ensure justice for the young victim. Your freedom, reputation, and welfare are at stake, making it imperative to seek reliable legal counsel from an experienced criminal defense attorney. fpn
Penal Code 269 Defined
Under Penal Code 269, a person commits an aggravated sexual assault against a child by having certain types of oral contact with a juvenile who is:
- 14 years old or younger
- 7 or more years younger than the sexual offender
The types of sexual contact stipulated under the statute include:
Penal Code Section 288a(c)(2) — Oral Copulation With A Child
Penal Code 288a describes oral copulation crimes with a child. Under Penal Code Section 288a(c)(2), it is a felony to commit oral copulation using menace, violence, force, coercion, or threats of physical injury inflicted on the victim or someone else.
Penal Code 288a(c)(3) — Oral Copulation By Threats Of Future Retaliation
The statute criminalizes oral copulation done against a victim’s will by using threats to retaliate against a victim or someone they care about in the future. Sexual predators use threats of extreme pain, death, torture, injury, or kidnapping where there is the actual potential of executing the threats.
Penal Code 288a(d) — Oral Copulation in Concert
Penal Code Section 288a(d) criminalizes the act of willfully aiding or abetting the commission of oral copulation by another person. The action is typically committed against the victim’s will and by use of force, violence, coercion, or threat of unlawful physical injury inflicted on the victim or someone else.
Penal Code 261(a)(2) — Rape
Under Penal Code 261(a)(2), it is a crime to unlawfully have sex with a person who is not your spouse where the act is accomplished using threats, force, violence, coercion, or fear. The statute describes rape as unconsented sex against the victim’s will.
It is crucial to remember that anyone below the age of 18 cannot consent to sexual contact.
Penal Code 261(a)(6) — Rape By Threats Of Future Retaliation
The statute criminalizes rape accomplished against a victim’s will by use of threats to retaliate in the future against the victim or someone else. There is a reasonable potential of the sexual predator executing threats of injury, death, kidnapping, torture, false imprisonment, etc.
Penal Code 289(a) — Forcible Penetration With A Foreign Object
Under Penal Code 289(a), it is a crime to commit an act of sexual penetration against a victim using a foreign object. Perpetrators accomplish the action through violence, menace, coercion, or fear of bodily injury inflicted on the victim or another person.
Penal Code 264.1 — Rape In Concert
Penal Code 264.1 illegalizes acting in concert with another person in the commission of rape. The statute is also called “gang rape” and applies when two or more sexual predators work together to commit non-consensual sex against a victim.
Penal Code 286(c)(2) — Sodomy With A Child
Penal Code 286 makes it illegal to commit sodomy with persons under 18. Under Penal Code Section 286(c)(2), it is unlawful to commit sodomy against a victim’s will and by duress, menace, violence, force, or fear of immediate bodily injury inflicted on the victim or another person.
Penal Code 286(c)(3) — Sodomy By Threats of Future Retaliation
The statute makes it a crime to commit sodomy against a victim’s will by use of threats to retaliate against the victim or someone else in the future. Whether the intimidations are of torture, injury, death, or kidnapping, the sexual predator has the reasonable potential of executing the threats.
Penal Code 286(d)(1) — Sodomy in Concert
Penal Code 286(d)(1) criminalizes voluntarily acting with another person or aiding and abetting the commission of sodomy where the act is against the victim’s will and is accomplished through violence, menace, force, or threats of bodily injury inflicted on the victim or someone else.
Committing any of the above acts can leave you paying hefty fines and serving a long sentence following a Penal Code 269 conviction. The above sex crimes against a minor attract felony charges, meaning that you also have to register as a sex offender. A conviction makes it challenging to re-enter society even after serving time because of the stigma, soiled reputation, and limited professional and housing opportunities.
Allegations of aggravated sexual assault of a child can haunt you for the rest of your life. It is important to act quickly and contact an attorney who truly appreciates the gravity of the allegations you face. The sooner you can clear your name, the better your chances of saving your personal and professional reputation.
Penal Code 269 Penalties
A conviction for aggravated sexual assault of a child can have far-reaching effects. Even after serving a lengthy prison sentence, you will suffer more punitive measures to prevent offenders from committing future sex offenses.
Prison Sentence
Violating Penal Code 269 is a felony. If convicted, the offense is punishable by:
- Incarceration in state prison for 15 years to life
Enhanced Penalties
When a sex crime involves a minor, it is typical for the prosecution to look into every detail of a case. If the accused committed more than one offense, each crime will attract an individual penalty.
Some of the offenses commonly charged alongside Penal Code 269 and can lengthen the sentencing period include:
- Penal Code 209 — Aggravated kidnapping
- Penal Code 647(i) and PC 647(j) — Criminal Invasion of Privacy (Peeping Tom Laws)
- Penal Code 243.4 — Sexual Battery of a Minor
- Penal Code 311 — Child Pornography
Consecutive Prison Terms
When a case involves two or more counts of violating Penal Code 269, the law requires you to serve consecutive prison terms. This typically happens when two or more victims or the aggravated sexual assault of a child transpired over several separate occasions. Therefore, the prison sentence for the second count of the offense starts immediately after completing the jail term for the first offense.
California Sex Offender Registration
Penal Code 290 describes California’s Sex Offender Registration Act. The statute makes it mandatory for persons convicted of certain sex crimes to register as sex offenders in the state. Aggravated sexual assault of a child is a Tier 3 sex crime, requiring those convicted to register as sex offenders for life.
Additional Consequences
A sex crime felony conviction will also attract additional penalties, including:
- Loss of voting rights
- Loss of gun rights
- Immigration consequences for non-U.S. citizens
Unfortunately, a sex crime conviction, especially for a crime involving a child, can cause immeasurable social stigma. Re-entering society is difficult because most people, including friends and family, do not want to be associated with a pedophile. Moreover, finding a place to live or meaningful employment can be challenging. It is crucial to take your charges seriously and seek legal assistance from a seasoned attorney.
Best Legal Defenses to Fight Penal Code 269 Charges
Fighting against the word of a child is tougher than many assume. The prosecution is inclined to believe the child’s version of the story because there is no fresh or physical evidence in most cases. It is common for medical experts to come on board with tests and testimonies pointing to penetration into private parts and healing injuries, possibly inflicted during forcible penetration.
Generally, the evidence tabled by medical experts makes visible injuries unimportant. If the minor sounds more believable than the defendant, fighting allegations of aggravated sexual assault of a juvenile can be extremely challenging.
Here are just some of the defenses a skilled attorney can use depending on the facts of a case:
The Victim Is Not a Child
Any sex offense with a child is a serious offense mainly because a person below 18 years cannot consent to sexual contact. Under Penal Code 269, the sex crime needs to occur against a minor at least 14 years or younger. Moreover, the age gap between the sex offender and the juvenile must be at least seven years.
Establishing that the minor is older than 14 years or the age gap between a defendant and the victim is less than seven years is not a complete defense. However, it could ensure you do not face the harsh penalties of a Tier 3 sex offense.
For instance, the prosecution could agree to reduce the charges. Penal Code 261.5 describes the sex crime of statutory rape. It is a lesser crime than Penal Code 269 and a wobbler offense that can attract felony or misdemeanor charges. A felony conviction carries a 4-year imprisonment sentence, while a misdemeanor conviction attracts a penalty of 1-year incarceration in county jail. Both penalties are lesser than the punishment for a Penal Code 269 conviction.
False Accusation
The prosecution must establish that the accused committed at least one of the offenses listed under Penal Code 269. These offenses include oral copulation, rape, or sodomy under different circumstances. If none of these crimes transpired, then the accused cannot face charges for aggravated sexual assault of a child.
The accuser can make false accusations for revenge or just to get attention. Unfortunately, these allegations often have a toxic outcome for the defendant. It is necessary to seek the help of a competent attorney, especially when a minor cooks up a believable story based on false accusations.
Coerced Confession
Because of the serious nature of aggravated sexual assault of a child allegation, it is common for law enforcement to take investigations and interrogations a notch higher. However, the law protects defendants from overbearing measures the police can take to obtain a confession.
If you are a victim of police coercion, your statements or confessions cannot be used as evidence. This can play a crucial role in creating grounds for reduced charges or dropping the case altogether.
The only way to create a suitable defense strategy is to work with an experienced attorney who can investigate your case thoroughly. A skilled expert will challenge illegally obtained evidence and table facts to help clear your name. Most importantly, the attorney will negotiate with the prosecutors to reduce your exposure to a lengthy prison sentence.
Related Offenses
Penal Code 288 — Lewd and Lascivious Acts With a Minor
Penal Code 288 is commonly known as child molestation. It is defined as the crime of touching a child younger than 14 years for sexual gratification. The statute also makes it unlawful to ask a child to touch themselves or someone else for sexual purposes.
Lewd and lascivious acts with a minor are serious crimes that attract harsher punishment. The prosecution will always consider a child's age, the age difference between the juvenile and the defendant, and whether molestation was accomplished using violence, coercion, force, threats, or fear of immediate physical harm to the victim or other people.
Child molestation is always a felony. If the child is 14 years or younger and the accused did not use force or threats, the penalty is as follows:
- 3, 6, or 8-year sentence in state prison
- A fine not exceeding $10,000
When the victim is younger than 14 years and the accused used force or threats, the offense is punishable by:
- 5, 8, or 10 years’ incarceration in state prison
- A fine of up to $10,000
Violating Penal Code 288 is a Tier 3 offense. If convicted, you have to register as a California sex offender for life.
Penal Code 288.5 — Continuous Sexual Abuse of a Child
Under Penal Code 288.5, continuous sexual abuse of a child younger than 14 years is a crime. The prosecution can impose the charge if:
- The victim has suffered three or more incidents of sexual abuse under the same perpetrator
- The victim cohabits with the accused, a situation that allows recurrent exposure to abuse
- The victim suffered sexual abuse for three or more months
Before conviction, the prosecution must prove the following elements beyond a reasonable doubt:
- The accused dwelled in the same home with the victim, a situation that allowed ongoing access to the minor
- The defendant sexually abused the minor in three or more incidents
- The period between the first sexual abuse incident and the last is three months or longer
- The victim was at least 14 years or younger at the time of the abuse
Continuous sexual abuse of a child is a felony. If convicted, the punishment includes:
- A minimum of 16 years’ incarceration in state prison
- Lifetime California sex offender registration
Penal Code 261 — Rape
The legal definition of “Rape” under Penal Code 261 is the use of threats, force or menace, or duress to have non-consensual sex with another person.
It is crucial to note that sex cannot be consensual under the following circumstances:
- The victim is below the age of the majority (younger than 18 years)
- The victim has a mental disorder
- The accused uses force, duress, or violence
- The victim is unconscious or intoxicated
Rape is a felony that typically attracts the following penalty
- A jail sentence of up to 8 years
However, there are sentence enhancements if the victim suffers GBI (great bodily injury) or is a minor. Here is what to expect:
- An additional 3 to 5-year prison term if a victim suffers GBI
- Incarceration for up to 11 years if the victim is under 18 years
- Imprisonment for up to 13 years if the victim is a child under 14 years
Penal Code 261.5 — Statutory Rape
Penal Code 261.5 criminalizes having sexual contact with a minor (anyone younger than 18 years). Minors cannot consent to sexual contact or intercourse, meaning that the accused is guilty even if the child willingly participates.
The following are elements the prosecution must prove beyond a reasonable doubt to convict you of statutory rape:
- You had sexual intercourse with a person younger than 18 years
- You were not married to the minor at the time of the incident
Statutory rape is a wobbler offense. The prosecution will consider the age of the victim and the age difference between the juvenile and the accused before deciding whether to impose misdemeanor or felony charges.
If the age difference between the defendant and victim is three years or less, the prosecution will impose misdemeanor charges. Statutory rape is a wobbler whenever this age difference is three or more years.
Moreover, a defendant who is 21 or older will face felony or misdemeanor charges if the victim is younger than 16 years. In this case, the penalty includes
- A state prison sentence of up to 4 years
A misdemeanor conviction for statutory rape attracts the following penalty:
- Up to 1-year imprisonment in county jail
- A maximum fine of $1,000
If convicted of a felony, the punishment will include:
- 16 months, 2 or 3 years’ incarceration
- A fine not exceeding $10,000
Find A Sex Crimes Defense Attorney Near Me
The repercussions of a Penal Code 269 conviction are dire. Because the offense is a felony and a heinous crime against a child, you risk losing more than just your freedom. We encourage you to turn to the Los Angeles Criminal Attorney for reliable assistance. Our extensive experience representing persons accused of sex crimes against minors allows us to employ the best defense tactics to yield the desired outcomes. яндекс Call our office today at 424-333-0943 for a free and confidential legal consultation.
