San Jose Sex Crimes Attorney Answers Your Questions

Allegations of sex crimes can seriously upend your life. Not only could your reputation suffer permanent damage, you could face serious time behind bars if convicted. When it comes to sex crime charges in California, failing to hire an attorney to represent your case could be one of the most serious mistakes you could make. Life-altering consequences, such as sex offender registration, monetary penalties, and incarceration could drastically reduce your quality of life now and in the future.

Below, our San Jose criminal defense attorney answers common questions about sex crimes in California.

Is Sexting Illegal in California?

It can be. Depending on the circumstances, sexting can be a serious criminal offense. Cases where sexting is illegal include:

  • Sexting between adults where one of the parties does not consent. You could be charged with harassment or other charges for sending unwanted, sexually explicit photos to another adult.
  • Any time a minor is involved.
  • Sending pictures of another adult without their consent. Depending on circumstances, you could be charged under California’s Revenge Porn Law.

Charges for sexting could fall under one or more California laws. If you are facing charges relating to sexting, then you should not wait to speak with a criminal defense attorney. Like other sex crimes, a criminal conviction for sexting could follow you for the rest of your life.

What Is An Internet-Facilitated Sex Offense?

There are many types of sex crimes that occur over the Internet. Most forms of communication in the 2020’s take place online. Unfortunately, many Internet-facilitated sex offenses involve children. Some of the most commonly known Internet-facilitated sex offenses include:

  • Distributing child pornography;
  • Arranging a meeting to commit sexual offenses against a child;
  • Soliciting pornographic images of children;
  • Viewing child pornography;
  • Revenge porn or harassment.

Internet-facilitated sex offenses, especially those involving children, result in serious potential consequences. Due to these offenses often taking place across state lines, many people facing allegations of Internet-facilitated sex offenses face federal charges. You could face a long period of incarceration and a permanent registration on California’s sex offender registry.

Is Prostitution Illegal in California?

Prostitution is a crime in California. In fact, Nevada is the only state with jurisdictions where prostitution is technically legal. Prostitutes and people who shop out prostitutes (pimps) can face incarceration, probation, fines and a criminal record.

What Is Statutory Rape?

Statutory rape is where a person engages in sex with a person under the age of 18 years old (except in cases of legal marriage). Even if the act was consensual, a person, even a person who is under 18 years of age, may still face statutory rape charges for engaging in sex with a minor.

Does California Have a Romeo and Juliet Law?

Only adults (persons over 18 years of age) can consent to sex. Some states have “Romeo and Juliet laws”, where there is an exception for two minors who are very close in age. California is not one of those states.

As we point out on our website, many cases of statutory rape involve high school teenagers. However, a skilled and experienced attorney may be able to convince the court to reduce felony charges to a misdemeanor.

What Is Sexual Assault?

Unwanted touching of the victim’s intimate parts, while the victim is under restraint, may be sexual assault in California.

Sexual assault is a broad term that encompasses situations where one person initiates unwanted sexual contact with another person. Examples of sexual assault may include unwanted fondling or kissing.

Penalties for sexual assault include imprisonment, fines or registration on California sex offender registry.

Rape is where a person initiates forced, unwanted intercourse with another person. Like other sex offense charges, a rape conviction can lead to life-altering consequences. You could face a $10,000 fine, eight years in prison, and lifetime sex offender registration. This means that even after leaving prison and paying your fines, it could become extremely difficult to find work or housing.

There are a couple of possible defense strategies for fighting rape charges in California. If you can establish a credible alibi, obtain witness testimony contrary to the claims against you, or scrutinize medical records or evidence, then it may be possible to defend yourself from the charges.

Contact Our San Jose Sex Crimes Attorney for More Information

Our experienced San Jose criminal defense attorney can help you determine which defense options, if any, may be available for your situation. Contact the Law Offices of Thomas Nicholas Cvietkovich for a consultation by dialing (408) 898-9653 or by using the contact form on our site.