Sex Crimes FAQs

Our San Jose Sex Crime Lawyer Answers Common Questions About California Sex Crimes

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 sex crime lawyer answers questions about California sex crimes.

  1. Is Sexting Illegal in California?
  2. What Is An Internet-Facilitated Sex Offense?
  3. Is Prostitution Illegal in California?
  4. What Is Statutory Rape?
  5. Does California Have a Romeo and Juliet Law?
  6. What Is Sexual Assault?

Is Sexting Illegal in California?

Sexting can be illegal in California. Depending on the circumstances, sexting can be a serious criminal offense. For example, cases where sexting is illegal include:

    • Sending unwanted, sexually explicit photos to another adult who does not consent. Depending on the circumstances, you may face harassment charges.
    • Any time it involves a minor.
    • Sending pictures of another adult without their consent. Depending on circumstances, you may face charges under California’s Revenge Porn Law.

Charges for sexting could fall under one or more California laws. Are you facing charges relating to sexting? If so, 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. Many of these offenses face federal charges. Why? Often, these offenses take place across state lines. 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 the following:

  • Incarceration
  • Probation
  • Fines
  • 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. It 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
  • 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. For example, 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.

Have More Questions? Contact Our San Jose Sex Crime Lawyer 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.


Nick is an excellent attorney who really cares for his clients and knows what he is doing. His experience can be easily noticed. He works tirelessly to achieve the best end results in every case. He is very straightforward and lets you know what to expect from beginning to end, it is a relief to speak to an attorney like him that is not just trying to retain your business, but genuinely cares for the people he works with. He has a great team of people working for him that are always willing to update you on your case and answer any questions you might have. If you want a great attorney who will not overcharge you and will get you the best results, call his office.

-Mari, Yelp

There’s not enough words to explain how grateful I am with Nick. He defended my husband in a 25 to life case. No matter how difficult it seemed Nick never gave up. He is very humble, respectful, honest and professional! He was always keeping us updated and letting us know of the status of the case. He would always return our calls and txt messages. Not like others lawyers that all they want is money. Thank you Nick for representing my husband and giving him a new opportunity to start all over with us. God bless you. Thanks to you the case was dismissed!!!

-Anna, Google

Nick is an incredible lawyer. I worked with Nick for about 2 years to have my case resolved. I selected him from conducting 7 interviews with a couple of other lawyers but I knew that he was the man for the job when I talked to him. I selected him after 2 interviews after I knew that he was an experienced lawyer and handled numerous cases within my charge. Nick is very thorough, professional, and always goes above and beyond for his clients. He is very exceptional and I would recommend Nick again in the future for any client that wants to either win, dismiss, or reduce any charges. I highly recommend Nick Cvietkovich.

-Ron, Yelp

When I got my second DUI, a friend of mine told me about Nick and how he is a great defense lawyer and would do whatever it took to get me the best deal. Upon meeting him, I already that I was in good hands. Throughout my case, he would keep me updated with any new information that would help my case and always be ready to answer my questions. He was very understanding with everything and helped me every way possible. Then when I got in trouble with driving without a license, I went back to him and he quickly took my case and did such a wonderful job. I was worried about what would have happened with me but Nick kept me calm and would make sure that I would be taken care. He is a great lawyer with great staff and is someone I recommend to anyone that is looking for a top notch defense lawyer. Thank you for everything Nick.

-Carlos, Yelp

I was pulled over by the police in San Jose about 4 months ago with a .09 blood alcohol level. I knew I had to get some help. This was my first time ever needing legal help. When I spoke with Nick he sounded like a nice guy. He was knowledgeable and offered a very reasonable price. So I went with him and hoped for the best. Little did I know I had just hired an excellent lawyer. He went to work right away. He made me feel comfortable and was always quick to get back to my questions and concerns and always kept me informed with the case. Four months later his strategy worked great. I had prepared myself for a DUI sentence but was hoping to get at least a wet reckless. I ended up walking away with a dry reckless and a small fine. My license was not affected either. I can’t thank him enough. Nick is a very intelligent, personable and clever lawyer. He knows the system well and was able to get me the lightest possible sentence. If I ever have any legal questions or need any legal help in the future, he will be my first call.

-Kelly, Avvo

I give 5 stars for Mr. Cvietkovich. My family was going through a terrible tragedy and on top of that had a legal issue that was time sensitive. I contacted Nick Cvietkovich and in just a few hours Mr. Cvietkovich got all the parties together and resolved the issues. Some things are worth more than money. My family and I owe Mr. Cvietkovich way more than he charged which was extremely reasonable. Everyone needs a lawyer that not only gets things done but gets things done quickly. Thank you Nick Cvietkovich – words cannot express my gratitude.

-Justin, Yelp

Why Choose Us

  • More than 14 years of experience
  • Have handled 4,500+ cases
  • Available 24/7
  • Top Accreditations
  • Represent wide range of criminal charges