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What is "Sexting" and when is “sexting” a crime? First, “sexting” is a colloquialism for any type of electronic communication where the discourse of the communication relates to sexual activity in a manner that is meant to arouse either person to the communication. Sexting is not illegal when the sexting is between two consenting adults. However, where one adult sends sexual matter to another person without consent of the receiving adult, then other crimes may apply depending on the type of material sent, the frequency of the communication, and the purpose of the communication. These crimes include stalking, harassment by telep hone, invasion of privacy , and more. For purposes of this article, we will discuss sexting crimes as they relate to crimes against minors, including the crimes of annoying or harassing a minor (PC 647.6), send lewd matter to a minor (PC 288.2), distribution of child pornography (PC 311.1), Contact minor for lewd act (PC 288.3), and arrange to meet a minor for lewd act (PC 288.4). Sexting with a Minor While sexting between consenting adults is only a crime if one of the adults does not consent to the communication, or where the matter send is illicit (i.e., distributing child pornography, reveal nude images to harm, stalking, harassment by phone, etc.), sexting with a minor is always a crime. For example, David is twenty-one (21) years old. David sends nude images of himself to Diana, who is only sixteen years old (a minor in California). David knows that Diana is a minor when he sends the nude images, and he sends the nude images to Diana to arouse Diana. Result: David may be charged with sexting a minor even if Diana does not object to David sending her the nude images (PC 288.2 [ Send Lewd Matter to a Minor ]). Electronic Communication: Sexting with a minor is a crime that usually occurs electronically through social media or texting apps (i.e., through text messages, email, webcam, Facebook, Telegram, Twitter, Instagram, Snapchat, etc.). Though technically, a defendant can commit the crime of sexting by way of non-electronic means, such as by leaving written notes for a minor at the minor’s school on a messaging board or by mail. Note: When sexual communication between a minor and an adult occurs in person, such as when the defendant and the minor are in the same room, the defendant may be charged with more serious crimes, such as meet a minor to commit a felony sex act (PC 288.4(b), annoy or molest a minor in a residence (PC 647.6(b)), or sexual battery (PC 243.4). Live Video Feed Situations: For purposes of sexting a minor, a live video feed between the minor and the adult, such as communication via Facetime, Zoom, video chat, etc., does not constitute an in-person meeting that can elevate a sexting crime. For example, David arranges to meet his minor girlfriend, Sarah, for sexual intercourse. But Sarah tells David that she can only sext online because she cannot leave her house. David agrees to “meet” Sarah online for mutual masturbation videos. Result: David may be charged with arranging to meet a minor (PC 288.4), but the online “meet” between Davida and Sarah does not elevate the sexting crime to an in-person meeting with a minor for a lewd act ( PC 288.4(b) ), a more serious allegation. Sexting Between States: Sexting with a person under the age of eighteen is a crime in California. This is true even if the person who is classified as a minor is not classified as such in the state from which he or she is communicating with an adult. For example, Denis is in California. His girlfriend, Denise, is seventeen years old, and she lives in Texas. A 17-year-old is not classified as a minor in Texas. Denis and Denise engage in sexting with one another, and they send nude pictures to each other. Result: David may be charged with the sexting crimes of contacting a minor for a lewd act (PC 288.3), send harmful matter to a child (PC 288.2), possession of child porn (PC 311.11), and annoy or molest a minor (PC 647.6(a)). Sexting Crime Examples David sends text images of his penis to his girlfriend, Diana, for the purpose of arousing Diana. Result: David may be charged with annoying or harassing a minor (PC 647(a)). John solicits Maria, a minor, for prostitution services. Result: David may be charged with contacting a minor for a lewd act (PC 288.3) or soliciting a minor for prostitution (PC 647(b)(3)). Robert arranges to meet Jessica, a minor, for sex. Robert knows that Jessica is a minor. Result: David may be charged with arranging to meet a minor for a lewd act (PC 288.4). Melissa, a teacher at middle school, sends nude pictures of herself to one of her students to arouse her student. Result: Melissa may be charged with annoying or molesting a minor (PC 647.6(a)), and harmful matter send to a child to seduce (PC 288.2). Jose asks his minor girlfriend, Amber, to send naked pictures of herself to Jose. Amber sends the nude pictures to Jose as requested. Result: Jose may be charged with possession of obscene matter depicting a child (child pornography) (PC 311.11(A)).   Note: Sexting between two minors is a crime for both parties to the communication, but prosecution is rare in this situation as there are many laws that protect minors from being prosecuted for sex crimes in California. This is especially true in prostitution , pandering, pimping, and human sex trafficking crimes. Nevertheless, when prosecution of minors for sexting occurs, the juvenile court will usually have jurisdiction of the criminal case. Federal Laws: Sexting a minor may be considered a crime under U.S. federal law, including federal child pornography crimes (18 USC 2252), and sexual exploitation of a child (18 USC 2251) Sexting a Minor Penalties The penalties related to sexting minor depend on the circumstances of the case and the related criminal charge. For example, sexting a child under fourteen, for the purpose of meeting the child to engage in sexual intercourse with the child, carries a much longer prison sentence than the crime of sexting a child to have that child pose for pornographic pictures or videos. This is true even though both crimes are filed under the same statute ( PC 288.3 ). For more specific penalties related to a particular sexting crimes, see the following articles: PC 288.2 Send Harmful Matter to Minor to Seduce PC 288.3 Contact Minor for Lewd Act PC 288.4 Arrange to Meet Minor for Lewd Act PC 311.11 Distribute Child Pornography PC 647.6(a) Annoy or Harass a Minor Misdemeanor v. Felony Sexting A sexting with a minor allegation is usually classified as a felony crime; however, the crimes of possessing child pornography (PC 311.11), annoy or harass a child (PC 647.6(a)), and send harmful matter to a minor to seduce (PC 288.2), may be charged alternative as a misdemeanor, or as a felony (i.e., “wobbler” offenses). When misdemeanor versions of these offenses are charged, the defendant will face much less possible jail or prison time. For example, Manuel is charged with felony possession of child pornography (PC 311.11) after his girlfriend, Maria, sends nude photos of herself to Manual. Maria is a minor, but she is almost 17 years old, and she only sent one nude photo to Manuel without his request. Because of the circumstances, the district attorney decides to reduce the felony PC 311.11 charge to a misdemeanor PC 311.11 charge. Result: Manuel will face much less prison time with a misdemeanor conviction than he would serve with a felony conviction of Penal Code 311.11 . Sex Offender Registration: Virtually every sexting offense requires sex offender registration upon conviction; however, the length of sex offender registration might vary depending on the fact of the case. Note: For more specifics as the length of sex offender registration, see CA’s New Tier System for Sex Offenders . For more information on the requirements of sex offender registration, see PC 290 Requirements . Crime Involving Moral Turpitude: Sexting a minor is usually classified as a crime involving moral turpitude . A crime involving moral turpitude is any crime that involves dishonesty, or any crime that is considered morally wrong. Crimes involving moral turpitude, including most sexting crimes, will result in negative direct and indirect consequences for the defendant related to immigration status, professional licensing status, and military service status. Probation Sentence: A probation sentence is a period of supervision, as opposed to a jail or prison sentence. In some cases of sexting a minor, a criminal conviction might not lead to a prison or jail sentence. Eligibility and availability for a probation sentence depends on the exact sexting crime for which the defendant is convicted, and the circumstances surrounding the allegation. For more information on the eligibility and availability of a probation sentence after conviction for sexting a minor, see the following sexting related crimes: PC 288.2 Send Harmful Matter to Minor to Seduce PC 288.3 Contact Minor for Lewd Act PC 288.4 Arrange to Meet Minor for Lewd Act PC 311.11 Distribute Child Pornography PC 647.6(a) Annoy or Harass a Minor Additional Penalties: In addition to any jail or prison sentence after a conviction for sexting a minor, the defendant will suffer most of the following direct and indirect penalties: criminal protective orders (CPO), which restrict the defendant from further contact with the victim minor, restitution orders, possible civil lawsuits, loss of reputation and employment, loss of child custody or child visitation, loss of scholarship opportunities, court fines, fees and penalties, and more. Defense to Sexting Crimes Just as the penalties are different for every sexting crime, the defenses are unique to any sexting crime. With that said, the most common defenses incorporated in the defense of a sexting crime includes illegal search and seizure of electronics (i.e., router, computer, cell phone, etc.), coerced statement or confession from the defendant, entrapment, failure to properly Mirandize the defendant before interrogation by law enforcement, insanity, and insufficient evidence to prove the element of the offense . Mistake of Fact: A reasonable mistake of fact as to the age of the minor may be a defense to a sexting allegation. For example, Jane is on Tic Toc, a social media app. On Tic Tok, Jane claims to be eighteen (18) years old. John solicits nude images from Jane on Tic Toc after the two have sexual conversations. John truly believes that Jane is 18 years old until he sees her nude images. John immediately deletes the nude images and discontinues sexual conversations with Jane. Result: John may rely on the reasonable mistake of age to a charge of possession of child pornography (PC 311.11), and other sexting crimes. For more information on the defense of a particular sexting crime, please visit the following articles. For more information in general on defense of sex crimes, please see Sex Crimes Defense Strategies . PC 288.2 Send Harmful Matter to Minor to Seduce PC 288.3 Contact Minor for Lewd Act PC 288.4 Arrange to Meet Minor for Lewd Act PC 311.11 Distribute Child Pornography PC 647.6(a) Annoy or Harass a Minor For more information on criminal charges related to "sexting," including PC 288.2 and 288.3 crimes, contact our sex crimes criminal defense lawyer today. Our team of highly experienced criminal defense attorneys will explain your rights, the law, and your defense options related to any sexting related allegation. We serve all cities and criminal courts in the Inland Empire, including Fontana, Chino, Ontario, Rancho Cucamonga, Yucaipa, Redlands, Victorville, Rialto, Victorville, Riverside, Hesperia, Banning, and more. Call today! 909-913-3138 Related Materials (2025) Contract for Lewd Act PC 288(a) Law & Defense Indecent Exposure Law Sexual Battery & PC 243.4 Sex with Confined Adult Operating a Brothel “Sexting” Crimes, Penalties, & Defense (PC 288.2 & 288.3) Sex Crimes Criminal Defense Attorneys

“Date rape” is a colloquial term used to describe nonconsensual sex (rape) between two people who are in a dating relationship. For example: David and Julie are in a dating relationship. David and Julie have had sex many times, but on one occasion, Julie passes out from drinking too much alcohol and David decides to have sex with Julie while she is unconscious. In this situation, David may be charged with date rape under California penal code 261(a)(4) [ Rape of Unconscious Person ]. Non-Consensual Sex: The two main components of any date rape crime is the fact of sexual intercourse and the lack of consent by one of the parties to the sexual intercourse. Sexual Intercourse: For purposes of date rape crimes, sexual intercourse can mean anal sex (sodomy), sexual penetration by foreign object, sexual intercourse (vaginal sex), or oral sex (oral copulation). For example: David and Julie, who are in a dating relationship, regularly have sexual intercourse (vaginal sex), but on one occasion, David has anal sex (sodomy) with Julie when Julie is too drunk (intoxicated) to resist David’s aggressive sexual behavior. Result: David may be charged with date rape under PC 286(i) [ Sodomy of Intoxicated Victim ]. Non-Consensual Definition: A person can only consent to sexual intercourse if he or she is aware of all the facts to which he or she freely assents, and only where the parties to sexual intercourse are otherwise legally capable of consenting. For example: David and Julie are in a dating relationship. David is eighteen (18) years of age and Julie is sixteen (16) years of age. David and Julie engage in sexual intercourse before Julie reaches the age of eighteen (18). Result: David may be charged with date rape under PC 261.5(b) [ Misdemeanor Statutory Rape ]. Note: A person under the age of eighteen cannot legally or validly consent to sexual intercourse. Therefore, any person who is eighteen (18) years of age older, who engages with another person under the age of eighteen (18), may be charged with a date rape sex crime, even if the defendant and the victim (minor) are in a dating relationship and the minor does not object to the sexual intercourse. For example: David, who is eighteen (18), is dating Julie, who is sixteen (16). David and Julie regularly engage in oral copulation with one another (i.e., “blowjobs” and cunnilingus). Julie does not object to oral sex with David, and in fact, Julie often instigates the oral sex. Nevertheless, in this situation, David may be charged with date rape under PC 287(b)(1) [ Oral Copulation Against a Minor ] Rape v. “Date Rape” Under California law, there is no distinction between rape and “date rape.” However, the term “date rape” is used to describe a situation where the parties to sexual intercourse are familiar with one another, usually in a dating relationship, and where the issue of consensual sex is more difficult to ascertain. For example, David and Julie are in a dating relationship. David and Julie have consensual sexual intercourse on a regular basis. While at a party, David, and his friend John, both have sexual intercourse with Julie while Julie is heavily intoxicated. In this situation, even though David and John are both possibly guilty of date rape, David will more likely be able to defend a date rape criminal charge than John, because David and Julie regularly engage in consensual intercourse. Common Date Rape Crimes: Date rape crimes usually accompany an allegation that the victim is either unconscious, intoxicated, threatened, forced, or underage. However, any type of rape charge can constitute a date rape crime when the parties are in a dating relationship. These common date rape crimes include: PC 261(a)(2)   Rape by Force or Fear of Bodily Injury PC 261(a)(3)  Rape of intoxicated victim (Common "Date Rape" Allegation) PC 261(a)(4)  Rape of Unconscious Victim PC 261.5(b) Statutory Rape : Charged when a person engages in an act of unlawful sexual intercourse with a minor who is not more than 3 years younger than defendant PC 261.5(c) Statutory Rape : Charged when a person engages in an act of unlawful sexual intercourse with a minor who is 3 years or more younger than defendant PC 261.5(d) Statutory Rape : Charged when a defendant, who is at least 10 years older than a minor, engages in an act of unlawful sexual intercourse with the minor, and the minor is at least 16 years of age. PC 286(b)(1)  Statutory sodomy against a minor aged 16 or 17 PC 286(c)(2)(A)  Sodomy by force or fear PC 286(f)  Sodomy of unconscious person PC 286(i) Sodomy of intoxicated victim PC 287(b)(1):  Statutory oral copulation with minor under the age 18 PC 287(c)(2)(A)  Oral copulation by force PC 287(f)  Oral copulation of unconscious person PC 287(i)   Oral copulation of intoxicated victim (Common “Date Rape” Allegation) PC 289(a)(1)(A)  Sexual penetration with object by force PC 289(d)  Sexual penetration by object by force on unconscious victim PC 289(e)   Sexual penetration by object on intoxicated person (Common “Date Rape” Allegation) PC 289(h)  Sexual penetration by object on minor under 18 years old without force, fear, or threats (Common “Date Rape” Allegation). PC 220(a) Sexual Assault Crimes Intoxication Cases: In date rape cases, where the victim is “involuntarily intoxicated,” such as by way of a date rape drug, the defendant may not validly claim that the victim was not intoxicated to the point where he or she did not understand the nature of sexual act and voluntarily assent to that act. However, where the intoxicated of the date rape victim is due to the alleged victim himself or herself, then the issue of consent to sexual intercourse becomes an issue of reasonable belief of the alleged victim’s ability to voluntarily consent despite his or her intoxication level. Note: The fact that a person engages in sexual intercourse while under the influence of drugs or alcohol does not mean that the person with whom he or she engages in sexual intercourse is committing a crime. The issue is the degree of intoxication of the alleged victim and the reasonable belief of the defendant that that the alleged victim voluntarily consents to sexual intercourse (See Defenses to Date Rape ). Possession of a Controlled Substance with Intent to Commit Sexual Assault A crime closely related to date rape is possession of a controlled substance with the intent to commit sexual assault (HS 11377.5). Example: David secretly takes ketamine to a date with Janet. Ketamine is an illegal controlled substance when taken without a prescription. David intends to use the ketamine as a date rape drug against Janet. David is discovered and arrested before he is able to drug Janet's cocktail. Result: David may be charged with possession of a controlled substance with intent to commit date rape (HS 11377.5). Common Date Rape Drugs: The three most common date rape drugs are Rohypnol ("Roofies"), GHB ("Liquid Ecstasy"), and ketamine ("Special K"). These three date rape drugs are used by the defendant to render the date rape victim unconscious or unable to resist sexual assault. The date rape drug is typically secretly placed in a victim's beverage. Date Rape Penalties The penalties for date rape depend on what type of underlying sexual intercourse crime was committed, and the classification of crime (i.e., felony or misdemeanor violation). For example, date rape by force or fear (PC 261(a)(2)) is always classified as a felony and a conviction of which carries up to an eight-year prison sentence. Whereas date rape by statutory rape is usually charged as a misdemeanor ( PC 261.5(c) ) and carries up to a three-year jail sentence. The exception is attempted date rape charged under HS 11377.5 (See HS 11377.5 Penalties Below). Prison Sentence: As stated, every date rape crime is different, therefore, the range of possible prison sentence related to a date rape crime varies from case to case. With that said, most felony date rape crimes in general, where the alleged victim is not a minor (under the age of eighteen (18)), carry up to an eight-year state prison sentence maximum (per conviction). Misdemeanor Sentencing: Some date rape crimes may be charged as either a felony, or alternatively as a misdemeanor. In these situations, when the date rape crime is charged as a misdemeanor, the defendant is more likely to serve a jail sentence maximum of up to one year in jail, or even a probation sentence (See Probation Sentence ). Probation Sentence: A probation sentence is a period of supervision, as opposed to a jail or prison sentence. Most felony date rape crime are ineligible for probation sentences. However, felony statutory date rape crimes, and most misdemeanor date rape crimes may be eligible for probation in some circumstances. Note: For exact jail or prison sentencing structure related to any date rape charge, contact our sex crimes criminal defense attorneys for a free consultation. Suspended Sentence: Most felony date rape crimes are ineligible for “suspended” or “split” prison sentencing. A “suspended” prison sentence is a prison sentence that is not served subject to some conditions of the criminal court. A “split” prison sentence is a prison sentence that is served partially out of prison on work release. In any event, as stated, most felony date rape crimes do not qualify for suspended or split prison sentencing (PC 1170). Sex Offender Registration: Sex offender registration is a requirement after every conviction of any type of date rape crime other than statutory date rape crimes (i.e., statutory rape, statutory oral copulation, statutory sexual penetration by foreign object , and statutory sodomy ). Note: Sex offender registration may be for ten (10) years, twenty (20) years, or for life, depending on the exact date rape crime for which the defendant is convicted. For more information, see California’s Three Tier Sex Offender Registration System . CIMT: Felony date rape crimes are classified as crimes involving moral turpitude (CIMT). CIMT carries direct and indirect penalties related to military service, immigration status, and professional licensing status. Civil Lawsuits: Any type of date rape allegation can be followed by civil lawsuits against the defendant. These civil lawsuits are in addition to any criminal penalties. Civil lawsuits are intended to restore the date rape victim to the position he or she enjoyed financially before the defendant’s conduct. A civil lawsuit for sex crimes can also include monetary penalties that are intended to punish the defendant’s sex conduct against a victim. Additional Penalties: In addition to the penalties already listed, any date rape conviction may lead to court fines and fees, restitution for sex crimes victims, criminal protective orders (CPO) against the defendant and in favor of the date rape victim, loss of scholarships, loss of reputation, loss of employment, loss of child custody and child visitation , and more. Defenses to Date Rape Every date rape allegation is supported by different facts. A defense to any date rape allegation is crafted to meet the facts of the allegation. In some situations, this simply means to rely on the lack of prosecution evidence required to show that the defendant is either the perpetrator of sexual conduct against the victim, or that the defendant acted without the honest belief that the alleged victim consented to sexual intercourse. Mistake of Fact: A reasonable mistake of fact as to the alleged victim’s consent is a defense to a date rape allegation. This defense does not apply where the defendant’s belief is not both subjectively and objectively reasonable. For example: David and Julie are in a dating relationship. David and Julie have consensual sexual intercourse on a regular basis. One night, while David and Julie are having sexual intercourse, Julie decides she does not want to continue having sex with David; however, Julie does not expressly or impliedly let David know that she wants to stop having sex. Result: David will likely have a defense of Mistake of Fact because he reasonably believed that Julie continued sexual intercourse with consent, and any reasonable person would assume the same. False Allegations: In some situations, the defendant may be able to defend a date rape allegation by showing that he or she either did not engage in sexual intercourse with the alleged victim, or that he or she engaged in consensual sexual intercourse with the alleged victim, but that the alleged victim is falsely reporting lack of consent. To show these “false allegations” the defendant might show motive to fabricate on the part of the alleged victim (i.e., gain advantage in child custody proceedings, civil lawsuit for damages against a wealthy defendant, motive to exact revenge on the defendant, etc.). Note: Prior consent by the alleged victim to sexual activity is not a defense to a date rape crime. Similarly, evidence that the defendant and the alleged victim are in a dating relationship is not a defense to a date rape crime (PC 261.6 Abbrev.). Statute of Limitations: The statute of limitations is a period under which the district attorney must file criminal charges against the defendant or forever lose the opportunity to file those criminal charges. The statute of limitations in date rape cases is complicated and every date rape crime carries a different statute of limitations. With that said, the statute of limitations in date rape crimes is usually very long (8 years to life in most cases depending on the circumstances and regardless of misdemeanor or felony classification), and usually three (3) years in statutory date rape crimes filed under PC 261.5(c). For more information, see Statute of Limitations for Sex Crimes . He Said / She Said Cases: Keep in mind that many date rape allegations are supported by the alleged victim’s statement only (i.e., “he said, she said” cases). Even when there is scientific evidence of sexual intercourse, such as seminal fluid (semen), saliva, small bruises, serology (blood evidence), etc., the forensic evidence does not prove lack of consent to sexual intercourse . In fact, even a defendant’s confession or statement that he or she engaged in sexual intercourse with the alleged victim, does not prove lack of consent. Therefore, “he said / she said” evidence, without more, might be insufficient to prove the defendant committed a crime (depending on the circumstances). Important: A criminal suspect, or criminal defendant, should never speak to anyone, other than an attorney, about an allegation of date rape. This includes, but is not limited to, not speaking to the alleged victim or anyone involved in any type of law enforcement. Keep in mind that when an alleged victim contacts a date rape suspect to accuse him or her of such, it is very common that that communication is monitored and recorded by law enforcement, and that the purpose of that monitoring is to get the defendant to confess, usually by way of an apology to the alleged date rape victim. This is especially true in “he said, she said” date rape cases. Additional Defenses: In addition to the common defenses related to date rape crimes listed above, other defenses include lack of ‘proper’ Mirandizing (reading of Rights to the defendant before questioning by law enforcement), illegal search and seizure of evidence, coerced confession, insufficient evidence to prove a crime, lack of proper court jurisdiction, improper collection, testing, or storage of forensic evidence (i.e., blood, semen, saliva, fingerprints, etc.), and more. For more information, see Defense to Sex Crimes . If you have been charged with any sex crime, including any PC 261 Crimes, or any sex crime commonly referred to as “date rape,” (No Consent Sexual Intercourse), contact our highly experienced sex crimes criminal defense attorneys today for a free consultation. In many cases, we can visit local jails to handle consultations for a small fee. Our team of award-winning sex crimes defense attorneys, including winning trial attorneys, defend all misdemeanor and felony sex crimes, including sexual battery (PC 243.4), indecent exposure (PC 314), lewd and lascivious act on a child under 14 (PC 288(a)), continuous sex abuse of a child (PC 288.5), annoy or molest a child (PC 647.6), possession of child porn (PC 311.11), failure to register as a sex offense (PC 290), and more. Call today! 909-913-3138 More Articles (2025) Revenge Porn Explained PC 288(c) Law & Defense CA Prostitution Crimes PC 288(b) Law & Defense Statutory Rape & PC 261.5 PC 289 Law & Defense Incest Crimes & Defense “Date Rape” Crimes, Penalties & Defense (PC 261): Sex Crimes Criminal Defense Attorneys

A sexually violent predator is a designation that is given to some state prisoners just before he or she is to be released from state prison and onto parole. If the inmate is determined to be a sexually violent predator (SVP), then he or she will not be released from state prison and onto parole, but rather, he or she will be committed to a state mental hospital under a civil commitment order. SVP Basics (WIC 6600) Parole Eligibility: Some state prison inmates who are sentenced to a determinate prison sentence (a prison sentence with an end date) may be released from prison and onto “parole.” Note: The word “parole” is French in origin, and it originally meant to be released on his word, or to be released on his pledge or promise. Today, parole simply means to be released from state prison, either temporarily, or permanently. Parole includes supervision where the post state-prison inmate is supervised by a parole officer. The purpose of parole is to help the parolee reintegrate into society after prison. There are terms, or “conditions” that the parolee must abide by to remain on parole and free from prison recommitment. The terms of parole vary depending on the length of prison sentence, the crime for which the prisoner was convicted, and more. In some cases, when the prison inmate is about to be released onto parole, the Board of Parole Hearing (BPH) requests an order from the court to designate the inmate as a sexually violent predator (SVP). If the prisoner is designated as a sexually violent predator, then he or she will not be released onto parole. Instead, the prisoner will be committed to a state mental hospital to be treated for his or her mental condition, and to further protect society from designated sexually violent predator (SVP). For more information, see Parole for Sex Crimes . Sexual Violent Predator Designation If the prison inmate’s underlying crime is a sex crime listed Welfare & Institutions Code (WIC) 6600, and the BPH suspects that the prisoner is likely to reoffend if he or she is released from prison, then the BOC may request a hearing to have the court designate the state prisoner as a sexually violent predator (SVP). The list of sex crimes that may trigger a sexually violent predator (SVP) designation is listed below. Mental Disorder Diagnosis In addition to finding that the prison inmate committed at least one of the enumerated sex crimes listed in WIC 6600, the court must also find that the prison inmate suffers from a recognizable mental disorder. The finding of the mental disorder does not have to be a mental disorder that is diagnosed before, or even during the prison inmate commitment to prison. List of SVP Sex Crimes Per WIC 6600, the prison inmate may be considered for sexual violent predator designation if he or she committed any of the following sex offenses while using force, violence, or threats of intimidation (Partial List): PC 209(b) Kidnap for Sex Crime PC 220(a) Sexual Assault PC 261(a) Rape by Force or Fear PC 261.1 Rape in Concert PC 262 Spousal Rape PC 269 Sexual Assault of a Child PC 286 Sodomy PC 287 Oral Copulation PC 288(a) Lewd Act on a Child PC 288(b) Lewd Act by Force PC 288a Oral Copulation PC 288.5 Continuous Sexual Abuse PC 289 Sexual Penetration The Process for Designation: The process for designating a prison inmate as a sexually violent predator (SVP) is as follows: The BPH evaluates the prison inmate just prior to the inmate’s release from prison and onto parole. If the BPH suspects the inmate has a mental disorder that will make it likely that he or she will reoffend after release from prison, and the prison inmate’s underling criminal offense is one that is listed in WIC 6600 (See list above), then the BPH will refer the inmate for further screening with the California Sex Offender Management Board. Thereafter, the California Sex Offender Management Board will request that the Department of Corrections and Rehabilitation (DCR) hold the prison inmate in prison for up to 45 days beyond the prison inmate’s scheduled released date. During those 45 days, the prison inmate will be evaluated by two psychologist and/or psychologist from the Department of Mental Health (DMH) to determine whether the prison inmate suffers from a recognizable mental disorder, and that mental disorder will make it likely that the prison inmate will reoffend if released from prison. If the psychologist and/or psychologist disagree about the prison inmate’s disorder, the DMH will order a second review with two different psychologists and/or psychologists. If the second screening leads to further disagreement between the psychologists and/or psychologists, then the prison inmate will be released onto parole. If the psychologist and/or psychologist agree that the prison inmate suffers from a recognizable mental disorder that will make is more likely that he or she will reoffend if released from state prison, then the prison inmate will be committed to a state mental hospital to address his or her mental disorder and to further protect society. If the psychological and/or psychological both agree that the prison inmate does not suffer from a mental disease or defect (disorder) that will make it more likely that he or she will reoffend, then that prison inmate will be released from prison and onto parole as scheduled. Civil Commitment for SVP The prison inmate has a right to a hearing on the issue of whether he should be classified as a sexually violent predator (SVP). Furthermore, the prison inmate has a right to an attorney if he or she cannot afford an attorney for the court hearing. The inmate may even use his or her own doctor in his defense. The prison inmate also has a right to have the matter decided by a jury, as opposed to the decision being made by a judge. Note: The district attorney where the court hearing is held is the party who must prove, beyond a reasonable doubt, that the prison inmate is a sexually violent predator (enumerated crime, plus mental health disorder), to either a judge or jury, before the court may commit the prison inmate to a mental hospital. MHD Hearings for SVPs If the prison inmate is civilly committed to a mental hospital after a designation of sexually violent predator (SVP), then that the “patient” may have a hearing once a year to determine whether the diagnosis of his or her mental health disorder remains unchanged. If the diagnosis changes, such that the patient is no longer designated a sexually violent predator, then the patient will be released onto parole at that time. New Parole Conditions: If the prison inmate was committed to a mental hospital as a sexually violent predator (SVP), and then he or she is released onto parole after his or her SVP diagnosis changes to non-SVP, the CDCR will require special conditions of parole release, including possible GPS monitoring, mandatory sexual offender therapy classes, mandatory polygraph examinations, and more. Parole Violations after SVP: After release from a state mental hospital and back onto parole, the parolee must comply with his or her conditions of parole, which include meeting the requirements of PC 290 registration (Sex Offender Registration). In fact, the failure to register as a sex offender during parole, or even after parole, can lead to new criminal charges. See Failure to Register as Sex Offender . Sexual Violent Predator Law (Abbrev.) WIC 6600(a)(1):  “Sexually violent predator” means a person who has been convicted of a sexually violent offense against one or more victims and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that he or she will engage in sexually violent criminal behavior. WIC 6600(b):   “Sexually violent offense” means the following sex crimes when committed by force, violence, duress, menace,… a felony violation of PC 261 , 262, 264.1, 269, 286 ( sodomy ), 287, 288a, 288, 288.5 , or 289 of, or any felony violation of kidnapping or sexual assault (207, 209, or 220),… committed with the intent to commit PC 261, 262, 264.1, 286, 287, 288, or 289, or former PC 288a [ Oral Copulation ] (WIC 6600(b) Abbrev.). WIC 6600(c):   “Diagnosed mental disorder” includes a congenital or acquired condition affecting the emotional or volitional capacity that predisposes the person to the commission of criminal sexual acts in a degree constituting the person a menace to the health and safety of others. WIC 6600(e):  “Predatory” means an act is directed toward a stranger, a person of casual acquaintance with whom no substantial relationship exists, or an individual with whom a relationship has been established or promoted for the primary purpose of victimization. WIC 6600.1: If the victim of an underlying offense that is specified in subdivision (b) of Section 6600 is a child under the age of 14, the offense shall constitute a “sexually violent offense...." (WIC 6600.1 Abbrev.). WIC 6601(d): ...the person shall be evaluated by two practicing psychiatrists or psychologists..., designated by the Director of State Hospitals (DSH). If both evaluators concur that the person has a diagnosed mental disorder so that the person is likely to engage in acts of sexual violence without appropriate treatment and custody, the DSH shall forward a request for a petition for commitment…, WIC 6601(d) Abbrev.). WIC 6601(e):   If one of the professionals performing the evaluation… does not concur that the person meets the criteria…, but the other professional concludes that the person meets those criteria, the Director of State Hospitals shall arrange for further examination of the person by two independent professionals…, (WIC 6601(e) Abbrev.). WIC 6601.3(a):   Upon a showing of good cause, the Board of Parole Hearings may order that a person referred to the State Department of State Hospitals… remain in custody for no more than 45 days beyond the person’s scheduled release date for full evaluation… (WIC 6601.3 Abbrev.). WIC 6603(a):  A person subject to this statute is entitled to a trial by jury, to the assistance of an attorney, to the right to retain experts or professional persons to perform an examination on the person’s behalf, and to have access to all relevant medical and psychological records and reports…. (WIC 6603(a) Abbrev.) WIC 6603(f):  If the person subject to this article or the petitioning attorney does not demand a jury trial, the trial shall be before the court without a jury. WIC 6603(g):  A unanimous verdict shall be required in any jury trial. WIC 6604.9(a):  A person found to be a sexually violent predator (SVP) and committed to the custody of the State Department of State Hospitals shall have a current examination of his or her mental condition made at least once every year.... The person may retain or, if he or she is indigent and so requests, the court may appoint, a qualified expert or professional person to examine him or her.... (WIC 6604.9(a) Abbrev.). For more information on California’s sexual violent predator statute, or welfare and institutions code section 6600, contact our sex crimes criminal defense attorneys . Our team of experienced and award-winning sex crimes criminal defense attorneys have helped hundreds of men and women charged just about every type of felony and misdemeanor sex crime in the Inland Empire. Our successful and passionate sex crimes criminal defense attorneys, including trial attorneys, represent defendants charged with a sex crimes, including sexually violent predatory sex crimes (SVP Crimes), in the IE, including lewd acts on child ( PC 288(a) ), possession of child porn (PC 311.1), sexual battery ( PC 243.4 ), prostitution (PC 647(b)), rape (PC 261(a)), oral copulation (PC 287), sexual penetration ( PC 289(h) ), continuous sexual abuse of a child (PC 288.5), engage in obscene live act ( PC 311.6 ), and more. Call today! 909-913-3138 Related Articles (2025) PC 667.61 “One Strike” Sex Crimes PC 290.5 End PC 290 Registration PC 209(b) Law, Sentence & Defense PC 288(b)(1) Lewd Act on Child PC 647(j)(2) Invasion of Privacy Sexually Violent Predator (SVP) Statute Explained

What is a California Pardon? A California governor’s pardon, also known as a gubernatorial pardon, is a public decree which acknowledges that the pardoned person has been rehabilitated from his crimes. Reason for Pardon: A pardoned person may have many, but not all, of his legal rights restored (See below). In some cases, a pardoned person may also be excused from the duty to register as a sex offender pursuant to penal code 290 (Applies to both misdemeanor and felony sex crimes convictions that require PC 290 Sex Offender Registration ). Applicability: A California governor’s pardon may be sought after a CA criminal conviction for any misdemeanor sex offense that requires sex offender registration, or after a CA criminal conviction for any felony offense, including any felony offense that require sex offender registration upon conviction. Indirect v. Direct California Pardon There are two ways to apply for a California’s governor’s pardon: Indirect application for governor’s pardon and direct application for governor’s pardon. Indirect California Pardon: An indirect application for governor’s pardon occurs when the applicant (Petitioner) applies for a certificate of rehabilitation, which is later automatically forwarded to the California governor’s office for consideration as a California pardon. Note: Most California pardon applications take the indirect route (via certificate of rehabilitation). For mor information on the indirect pardon route, see Certificate of Rehabilitation . Direct Pardon: A direct application for governor’s pardon occurs where the applicant (Petitioner) cannot either meet the residency requirements of an indirect application for governor’s pardon, or where a certificate of rehabilitation is not otherwise available because of the crime for which the applicant was convicted. Example I: David is convicted of a felony crime in California, but he now lives outside of California. David does not qualify for an indirect application for governor’s pardon because the person does not meet the residency requirements for a certificate of rehabilitation. Example II: David is convicted of lewd and lascivious act upon a child less than 14 years of age ( PC 288(a) ). David's crime is not eligible for a certificate of rehabilitation; therefore, David's only option for a governor's pardon is via a direct application. (See List of Sex Crimes Ineligible for a Certificate of Rehabilitation Below). Note: This article deals primarily with direct application for governor’s pardons for felony sex crimes, particularly the crime of lewd and lascivious act upon a child under fourteen (14) [PC 288(a)] and the crime of continuous sexual abuse of a child under fourteen (14) [ PC 288.5(a) ]. Aka "Child Molestation" Crimes. For information on indirect application for governor’s pardon through a certificate of rehabilitation, see Certificate of Rehabilitation . Direct Application for Governor’s Pardon for Sex Crimes As stated, some sex crimes are not eligible for an indirect application for pardon after a petition for certificate of rehabilitation. For these sex crimes, only a direct application for governor’s pardon is available. The law of California penal code section 4852.01 provides more clarity on the issue: PC 4852.01 Law Per California penal code 4852.01(a), … a person convicted of a felony may file a petition for certificate of rehabilitation and pardon… (PC 4852.01(a) Abbrev.). A person may also petition the court for a certificate of rehabilitation and pardon in a sex crime that requires sex offender registration, including a felony or misdemeanor sex crime that requires sex offender registration (PC 4852.01(b) Abbrev.). However, per PC 4852.01(d), a person convicted of the following sex crimes is not eligible for a certificate of rehabilitation, and therefore not eligible for an indirect application for governor’s pardon: PC 269 Aggravated Sexual Abuse of a Child PC 286(c) Sodomy of Child Under 14, or by Force PC 287(c) Oral Cop of a Child Under 14, or by Force PC 288 Lewd and Lascivious Act on a Child Under 14 PC 288.5 Continuous Sexual Abuse of a Child PC 288.7 Sexual Crimes with Child Under 10 PC 289(j) Sexual Penetration of Child Under 14 PC 288a Oral Cop Crime Similar to PC 287(c) For the above sex listed crimes, the only path to a governor’s pardon is a direct application path. In other words, a person convicted of any of the above-listed crimes is not eligible for a certificate of rehabilitation. This is true even if the applicant otherwise meets residency requirements for a certificate of rehabilitation. Note: The most common crimes for which a direct governor’s pardon is sought includes PC 288(a) lewd or lascivious act upon a child under fourteen (14) , and PC 288.5 continuous sexual abuse of a child under fourteen (14) . Direct Application for Governor’s Pardon Process The California’s governor’s office provides the necessary forms and instructions online for a direct governor’s pardon application. For more information see Application for Governor’s Pardon & Notice to District Attorney of Applicant’s Petition for Pardon / Clemency . Extraordinary Remedy An application for pardon is an extraordinary remedy. In practice, a California pardon will only be granted in unusual circumstances and only where the defendant has earned this extraordinary remedy. In fact, per PC 4852.05, to qualify for a governor’s pardon, the applicant… shall live an honest and upright life, shall conduct himself or herself with sobriety and industry, shall exhibit a good moral character, and shall conform to and obey the laws of the land . Note: Evidence of the petitioner’s post-conviction good conduct, lack of propensity for repeat offense, and extraordinary circumstances that justify a governor’s pardon, is usually attached to the application. A sex crimes criminal defense attorney may be used to assist in marshalling and preparing the application documents (i.e., prison record, police report, character reference letters, post-conviction awards and certificates, post-conviction rehabilitation efforts, etc.). Few governor’s pardons are granted unconditionally, and no CA governor’s pardon is granted where the defendant continues to represent a danger to the community, or where he or she has not otherwise earned this extraordinary remedy. Note: The California constitution, at Art V, Section, and California penal code 4850, grants the governor the power to issue a gubernatorial pardon, even without further investigation. However, the governor is not obligated to consider any direct or indirect pardon application. Pardon Limitations: A governor’s pardon does not always restore the defendant’s rights to own firearms. In some cases, only a Presidential pardon may restore the applicant’s gun rights. Also, a pardon does not seal and destroy the applicant’s criminal history or expunge the applicant’s criminal conviction. Finally, California’s governor cannot pardon a criminal conviction that occurred outside of California. For more information, see Expungement of Sex Crimes Convictions . Multiple Felony Convictions Pardoned: When the defendant has been convicted of two or more felonies, which were prosecuted on separate occasions, then the governor must seek approval from the Supreme Court of California before granting a pardon to either conviction. Example: David is convicted in 1986 of felony PC 288a(C) ( Oral Copulation by Force ). In 1992, David is convicted of PC 288(a) (Lewd Act Upon a Child Under 14). In 2023, David applies for a direct pardon for both convictions. Result: both PC 288a(C) and PC 288(a) require a direct application for pardon. The governor may consider pardoning David for both crimes. However, the governor must first seek approval from the Supreme Court of California. Alternative Remedy: An applicant who does not qualify for a governor’s pardon might still be able to terminate his or her duty to register as a sex offender under California’s new PC 290.5 law. For more information, see PC 290.5 Termination of Sex Offender Registration , Exclusion from Sex Offender Website Listing , & Confusion Regarding Tier Classification for PC 288(a) Crimes . For more information on a California governor’s pardon as it relates to sex crimes, including the crime of lewd and lascivious act on a child under fourteen (14) [PC 288(a)] and continuous sexual abuse of a child under fourteen (14) [PC 288.5(a)], contact our sex crimes criminal defense attorneys today for a free consultation. Our sex crimes criminal defense attorneys have successfully handled hundreds of misdemeanor and felony sex crimes in the Inland Empire, including PC 288(a) lewd act upon a child under 14 ; PC 287 oral copulation , PC 285 incest , PC 243.4 sexual battery , PC 311.11 possess child porn , PC 314 indecent exposure , PC 289 sexual penetration , PC 647(b) prostitution , PC 261(a) rape by force of fear & more. Call today! 909-913-3138 Related Articles (2026) PC 647.6(A) Law & Defense PC 209(B) Law & Defense PC 647(J)(2) Law & Defense Sexual Battery v. Sexual Assault California Governor's Pardon PC 4852

Information on the crimes of distributing or displaying harmful matter to minors is found at California penal code section 313.1. This summary includes information on the law, penalties, and common defenses related to PC 313.1 For further information, contact our sex crimes criminal defense attorneys . PC 313 Law PC 313.1(a), It is unlawful to knowingly distribute or display “harmful matter” to a minor in California. “Knowingly” means to be aware, and a “minor” is any person under the age of eighteen (18) in California (PC 313.1 Abbrev.). Harmful Matter Defined: “Harmful matter” means ‘pictures or videos of sexual images, which are designed to evoke sexual gratification or sexual stimulation, which are offensive to the average person under contemporary standards, and which serve no serious literary, artistic, political, or scientific value’ (PC 313(a) Abbrev. & Summarized). Example: Videos or images of sexual sadomasochistic acts that include severe physical injury, sexual acts between humans and animals (bestiality), and sexual videos or images of minors engaging in sexual oral copulation, sexual intercourse, sexual penetration, or sodomy (child pornography), are commonly classified as “harmful matter.” Note: The way in which matter is distributed can help ascertain whether that matter is “harmful” (PC 313(a)(1) Abbrev.). For example, if the matter is distributed through secret channels, which are hidden from the general public and law enforcement (i.e., encrypted sender information, use of “Dark Web” distribution, etc.), or distributed only to a particular group of deviants (i.e., child molesters registered as such on the sex offender registry), then that manner of distribution, or the intended target audience, may be used as evidence that the matter is harmful. Note: The defendant is not always an individual in PC 313.1 cases. In fact, a partnership, firm, association, corporation, limited liability company, or any other legal entity may be liable for distributing or displaying harmful matter. Important: A defendant may be found guilty of displaying or distributing harmful matter to a minor if he either knows a person is a minor, or he fails to exercise reasonable care in ascertaining the true age of a minor. Adult Sex Shop Operators: An adult sex store owner or operator who knowingly displays harmful matter, in any area where minors are not restricted access or view, and which includes the display of sexual intercourse, sodomy , oral copulation , masturbation, bestiality , sexual penetration , or photographs of an exposed erect penis, is guilty of displaying harmful matter (PC 313.1(c)(1) (Abbrev.). PC 313.1(a) Punishment First Offense PC 313.1(a): Every person who violates section 313.1(a), is guilty of a misdemeanor if it is his or her first offense. Upon conviction for misdemeanor displaying or distributing harmful matter to a minor, the defendant may receive up to a one-year jail sentence in a local county jail. Second Offense PC 313.1(a): Every person who violates section 313.1(a), who has previously suffered a conviction for the same offense, is guilty of felony , and upon conviction, he may be sentenced to a three-year maximum jail sentence in a local county jail. PC 1170(h) Sentencing: If the defendant is convicted of displaying or distributing harmful matter, and the defendant is not granted a probation sentence (See Probation Sentence), then the judge will impose either a 16-month, 2 years, or a 3-year jail sentence against the defendant. However, the judge may “split” the defendant’s jail sentence so that he may serve part of his sentence in jail and part of his sentence alternatively on work release (See Work Release). Probation Sentence: A probation sentence is a period of supervision by either the court, or by a felony probation officer. A probation sentence is allowed after a conviction for either a misdemeanor or a felony violation of PC 313.1, but a probation sentence is not guaranteed. Note: Whether the defendant is granted a probation sentence after a conviction for displaying or distributing obscene matter depends largely on the facts of the case, the defendant’s criminal history, the terms of a negotiated plea bargain between the defendant and the district attorney, if any, and more. Work Release: Work release is a common form of manual labor punishment that serves as an alternative to actual jail. Work release may be imposed as an alternative punishment, as opposed to an actual jail sentence, in both misdemeanor and felony PC 313.3(a) cases. Sex Offender Registration: PC 313.1 is not a crime for which sex offender registration is mandatory upon conviction (PC 290). However, the court has discretion to order sex offender registration for any crime, including the crime of displaying or distributing harmful matter, if that crime is motivated by sexual compulsion ( PC 290.006 ). Additional Punishment: In addition to a jail sentence, or a probation sentence, if found guilty of PC 313.1, the defendant will face additional direct and indirect penalties, including court fines, possible victim restitution, criminal protective orders, military service consequences, professional licensing consequences, immigration consequences , and more. Defense to PC 313 It is a defense to PC 313.1 charges to show that the defendant took careful measures to ensure the recipient of harmful matter was not a minor (PC 313.1(g) Abbrev.). This defense applies to individuals as well as adult sex shop owners and operators, and adult sex sites (i.e., “porn site”) owners and operators. For adult internet sexual content providers and/or companies (i.e., “porn sites), this means the provider and/or company makes reasonable efforts to ascertain the age of the recipient, usually by required credit card payment or age verification process with reasonable efforts to obtain accurate information about the recipient. For example, an adult video arcade owner is not required to validate the age of every customer that visits his arcade, but verification of age by government-issued identification is a reasonable means of verifying the age of younger-looking customers. Also, if a government-issued identification appears to be valid on its face, then the defendant is should not be guilty of PC 313.1(a) if the customer is legally entitled to use the identification. Note: Nothing in penal code 313.1(a) prohibits any parent or guardian from distributing any harmful matter to his child or, permitting his child or ward to attend an exhibition of any harmful matter, if the child is accompanied by him (PC 313.2(a) Abbrev.). Also, it is a defense to an alleged violation of PC 313.1(a) that the displaying or distributing of harmful matter to a minor was reasonably committed in aid of legitimate scientific or educational purposes (PC 313.3 Abbrev.). Note: Additional defenses to PC 313.1 include statute of limitations , reasonable mistake of fact as to the age of the minor, coerced confession, police entrapment, failure to Mirandize the defendant, illegal search and seizure, jury nullification , and more. If you or a loved one is charged with distributing or displaying harmful matter to a minor, or California penal code section 313.1, contact our sex crimes criminal defense attorneys today for a free consultation. Our sex crimes criminal defense attorneys have successfully represented hundreds of defendants charged with every type of misdemeanor and felony sex crime in the Inland Empire, including the cities and criminal courts of Redlands, Rancho Cucamonga, Fontana, Victorville, San Bernardino, Riverside, Yucaipa, Rialto, Chino, Banning , and more. Our highly rated, award-winning criminal defense team can represent you from the pretrial stages through trial and appeal if necessary. Our team of defense lawyers handle all sex crimes cases, including sexual penetration (PC 289), child molestation (PC 288(a)), possession of child porn (PC 311), indecent exposure (PC 314), sexual battery (PC 243.4), unlawful sexual intercourse (PC 261.5(c)), and more. Call today! 909-913-3138 Related Reading (2025) PC 288.5(a) Law & Defense Statutory Rape Law & Defense Annoy or Molest a Minor Law PC 288.2 Law & Defense Lewd and Lascivious Act PC 313.1 Display or Distribute Harmful Matter to a Minor

Persuading another person to visit a house of prostitution (brothel), with the intent that the person persuaded actually engages in prostitution services, or referring a person to a prostitute (capping for prostitution), is a crime in California (PC 318). Information on persuading or referring another person to visit a house of prostitution is found in the California penal code at section 318 (PC318). This summary covers the law, penalties, and common defenses related to PC 318. For further information, contact our sex crimes criminal defense attorneys for a free consultation. PC 318 Law Per PC 318, “Whoever, through invitation or device, prevails upon any person to visit any room, building, or other places kept for the purpose of illegal gambling or prostitution, is guilty of a misdemeanor… (PC 318 Abbrev.). Prostitution Defined: Prostitution is generally defined as sexual services for money or other consideration (i.e., services, trade, release of debt, etc.) (PC 647(b)). It is a crime to engage in prostitution, solicit prostitution, or agree to prostitution (PC 647(b)). For further information and definition, see PC 647(b) ). House of Prostitution: A “house of prostitution” is a room or building where prostitution services regularly occur with the consent of the owner or landlord of the room or building. This is usually a legitimate-seeming business in some respects and illegitimate in other respects, such as a legal massage parlor where the masseuses work as prostitutes, a legal strip club where the strippers offer prostitution services in the club with the knowledge and consent of the strip club's owner. For further information and definition, see PC 315 . Invitation or Device: By “invitation of device” means by invitation or ‘scheme or trick.’ For example, a person who tricks another person into visiting a house of prostitution, for the purpose of enticing that person into engaging in prostitution services, could be in violation of penal code 318. Prevails Upon: "Prevails upon" means to persuade someone to do something that they do not want to do. For example, a person who incessantly tries to convince another person to visit a house of prostitution, is probably guilty of penal code 318. Intent Required: For the district attorney to prove that the defendant is guilty of PC 318, the district attorney will need to prove, beyond a reasonable doubt, that the defendant intended for another person to engage in sexual conduct with a prostitute. Example: David encourages Sam to visit a strip club where prostitution services regularly occur. David is unaware that the legitimate-seeming strip club is actually a front for illegal prostitution. Result: David is not guilty of PC 318 because he never intended for Sam to engage in prostitution with prostitutes at the strip club. Example II: David convinces his friend Sam to go with David to a known brothel, but David only convinces Sam to go to the brothel because David himself wants to engage in sexual services with a prostitute and David does not want to go to the house of prostitution alone. David does not want Sam to engage with a prostitute at the brothel. Result: David should not be found guilty of PC 318 because he did not intend for Sam to engage with prostitutes at the brothel. Note: Persuading another person to visit a house of prostitution is similar to the crime of pandering. Pandering occurs where a person encourages another person to become a prostitute, as opposed to persuading a person to visit with a prostitute. For further distinction, see pimping (PC 266h), pandering (PC 266i), and prostitution (PC 647(b)). Capping for Prostitution: "Capping for prostitution" occurs when a person receives a benefit for referring another person to a prostitute or house of prostitution (i.e., soliciting for prostitution). PC 318 may be charged in these situations because the defendant is clearly intending to encourage others to visit with prostitutes, or a house of prostitution, for the purpose of engaging in sexual services with a prostitute. Example: David receives a ten percent kickback for every "client" he refers to a brothel. The brothel owner keeps track of the David's referrals when the customer arrives at the brothel and indicates how he became aware of the brothel. Result: David may be charged with capping for prostitution (paid referrals for prostitutes or brothels). PC 318 Penalties Jail Sentence: PC 318 is classified as a misdemeanor. If found guilty of PC 318, the defendant could face up to six months in a local county jail. Probation Sentence: A probation sentence is a period of supervision, as opposed to a jail sentence. A probation sentence is allowed in PC 318 cases, but a probation sentence is not guaranteed. Whether the defendant receives a probation sentence after a penal code 318 conviction depends on the facts and circumstances of each case, including the defendant’s criminal history, the level of sophistication involved in the offense, the harm caused, if any, to any third person, the terms of any negotiated plea bargain between the defendant and the district attorney (or court), and more. Note: A probation sentence for PC 318 crimes is called “informal” probation, or “summary” probation, which means that the defendant is not monitored by a probation officer. Instead, the misdemeanor probation sentence is monitored by the court. Terms of probation in PC 318 cases generally include ‘stay out of trouble during probation,’ pay fines and fees, stay away from certain locations, and more. For more information, see Probation Sentence for Sex Crimes . Work Release: A jail sentence, ordered after a non-probation sentence or a probation sentence, may usually be served alternatively on work release in PC 318 cases. Work release is a type of manual labor where the defendant is ordered to pick up trash around county jails or local highways. Example: David is convicted of PC 318 after a plea bargain. He is placed on one year probation with the following terms: 1) stay out trouble (no misdemeanor or felony arrests during probation), 2) stay away from certain locations, 3) pay court fees, and 4) serve ten days in the county jail. Result: David may likely serve the ten days of jail alternatively on a work release program, as opposed to serving those days in an actual jail. Sex Offender Registration: Sex offender registration is not required in PC 318 cases; however, if the judge finds that the defendant committed his or her crime out of an uncontrollable sexual desire related to the crime, then the judge may order sex offender registration ( PC 290.006 ). Addition Penalties: In addition to possible jail, probation, and fines, if the defendant is found guilty of persuading another person to visit a house of prostitution (or illegal gambling hall), the defendant may suffer other direct and indirect penalties, including negative consequences with immigration status, military service status, or professional licensing status. The defendant may also face civil lawsuits, lost employment or living opportunities, violation of probation or parole consequences, and more. PC 318 Common Defenses Common defenses related to the crime of persuading a person to visit a house of prostitution (or illegal gambling hall), including statute of limitations (one year from the date of alleged offense), reasonable mistake of fact as to the true nature of the illegal acts occurring in the room or building, coerced confessions, lack of proper Miranda warnings, duress, insufficient evidence, entrapment, and more. For further information on common defenses to sex crimes, including PC 318 allegations, see Defense to Sex Crimes . For more information on the crime of persuading another person to visit a house of prostitution , or capping for prostitution (PC 318), contact our sex crimes criminal defense attorneys today for a free consultation. Our award-winning sex crimes criminal defense attorneys have successfully helped hundreds of defendants accused misdemeanor or felony sex crimes, including lewd and lascivious act with a child under fourteen (PC 288(a)), possession of child pornography (PC 311.11), statutory rape (PC 261.5), engage in prostitution (PC 647(b)), oral copulation (PC 287), and more. Call today! 909-913-3138 Related Articles (2025) Seal & Destroy a PC 653.22 Conviction PC 288.5 Law, Sentence & Defense PC 647.6 Law, Sentence & Defense Terminate Sex Offender Registration Sexual Battery & PC 243.4 Defense What is Revenge Porn? PC 318: Persuading Another to Visit with Prostitutes: Sex Crimes Criminal Defense Attorneys

El abogado defensor penal de delitos sexuales Christopher Dorado es un abogado litigante galardonado cuya amplia experiencia en la defensa de cientos de delitos sexuales complejos de delitos graves y menores en Inland Empire durante los últimos quince años es insuperable. La vasta experiencia en defensa penal del abogado Dorado, y su profundo conocimiento y pasión por defenderse de las acusaciones de delitos sexuales, le permiten lograr el mejor resultado posible en cualquier caso de delitos sexuales graves o menores. Esto significa el mejor resultado posible para la libertad del acusado, la duración de la sentencia de cárcel o prisión, el estado migratorio, el estado de licencia profesional, el estado de registro de delincuentes sexuales, el estado del servicio militar, el estado de la escuela y más. Es un hecho que las acusaciones de delitos sexuales se encuentran entre las más difíciles de defender. Solo los abogados de defensa penal más experimentados y dedicados deben defender casos de delitos sexuales. Esto se debe a que las acusaciones de delitos sexuales tienden a estar respaldadas por testigos de cargo protegidos, pruebas desagradables, pruebas científicas adversas y un enjuiciamiento de alta presión por parte de los mejores fiscales. Esta es la razón por la que cualquier acusado acusado de un delito grave o un delito menor de delitos sexuales debe contratar a un abogado con un historial de defensa largo y exitoso, y uno que tenga pasión por este tipo de casos. El abogado Dorado es ese abogado. El abogado Dorado maneja todos los delitos sexuales menores y graves, incluidos, entre otros, los siguientes: Acto lascivo con un niño menor de 14 años Delitos de cópula oral ( PC 287 ) Delitos de penetración sexual ( PC 289 ) Delitos de sodomía ilegal ( PC 286 ) Proxenetismo, proxenetismo y prostitución Acusaciones de abuso sexual infantil Molestar o abusar sexualmente de un niño Delitos Crímenes de incesto ( PC 285 ) Crímenes de Pornografía de Venganza Delitos de exposición indecente ( PC 314 ) Delitos de agresión sexual ( PC 243.4 ) Trata de personas con fines sexuales ( PC 236.1 ) Abuso Sexual Continuo de Menores Violación por la fuerza o el miedo ( PC 261(a) ) Posesión de pornografía infantil Delitos de agresión sexual ( PC 220(a) ) Participar en actos lascivos en público Crímenes de Peeping Tom ( PC 647(J)(1) ) Relaciones sexuales ilícitas Delitos de estupro ( PC 261.5 ) Secuestro por delito sexual ( PC 209(B) ) No registrarse como delincuente sexual Abuso Sexual Agravado de Menores Acto sexual con un niño menor de 10 años Acto lascivo y lascivo ( PC 288(a) ) Materia dañina enviada al niño Intento de violación ( PC 664-261(a) ) y más. El abogado Dorado también maneja todos los asuntos previos al juicio de delitos graves y menores, incluidos los litigios e investigaciones previos al juicio, la retirada de órdenes de arresto, las mociones para desestimar los cargos penales a través de objeciones y otras mociones previas al juicio, las mociones para reducir la fianza o la liberación de la custodia sin fianza (Mociones O), las mociones para retirar la declaración de culpabilidad, las mociones apropiadas para la sentencia de libertad condicional o la desviación judicial ( PC 1001.95 ), y mucho más. Problemas posteriores a la condena: El abogado de defensa penal de delitos sexuales Dorado también puede ayudarlo con asuntos legales posteriores a la condena, que incluyen, el retiro de una declaración de culpabilidad, la terminación o modificación de los términos de la libertad condicional, la terminación de los requisitos de registro de delincuentes sexuales ( PC 290 ), la eliminación de antecedentes penales por delitos sexuales ( PC 1203.4 ), la petición de certificado de rehabilitación o el perdón del Gobernador, y más. Si ha sido acusado de un delito grave o un delito sexual menor en el IE, incluidas las ciudades y tribunales de Redlands, Rancho Cucamonga, Fontana, Rialto, Riverside, San Bernardino, Victorville, Ontario, Yucaipa, Moreno Valley o Hesperia , comuníquese con el abogado de defensa penal de delitos sexuales Christopher Dorado para una consulta gratuita. Nuestro equipo de abogados de defensa penal de delitos sexuales le explicará pacientemente sus derechos y opciones de defensa, incluida la desviación judicial y las opciones de libertad condicional si están disponibles (consulte Opciones de defensa contra la desviación judicial y los delitos sexuales). ¡Llame hoy! 909-913-3138 Artículos relacionados (2025) Desviación Judicial por Delitos Sexuales Exposición indecente (PC 314) Finalizar el registro de PC 290 Código Penal 289(e) Ley y Defensa Delitos sexuales "One Strike" de CA Abogados de Defensa Criminal de Crímenes Sexuales Inland Empire 909-913-3138

Information on the California crime of contracting for sex acts with a child is found at penal code section 310.5. Essentially, contracting for sex acts with a child is charged as a misdemeanor (PC 310.5 Abbrev.). The crime occurs when the child’s parent, or legal guardian, contracts on behalf of his or her child, for the child to engage in sexual acts with a third person. Note: The child’s parent, or legal guardian, and the third person who enters into a contract for sex acts with a child, are all in violation of penal code 310.5. This summary of PC 310.5 covers the law, punishment, and common defenses related to the crime of contracting for a sex with a minor. For further information, contact our sex crimes criminal defense lawyers for a free consultation. PC 310.5 Law PC 310.5(a) Any parent or guardian of a child, who enters into an agreement on behalf of that child…, for that child to engage in sex acts with a third person, and any alleged perpetrator of an unlawful sex act upon that child who enters into such an agreement, is guilty of a misdemeanor (PC 310.5 Abbrev.). According to PC 310.5(c), an “unlawful sex act,’ means a felony sex offense committed against a minor (aka, a person under the age of eighteen). A “felony sex offense” includes, but is not limiting to, sexual penetration , oral copulation, sexual intercourse, or sodomy with the child . Note: It is a violation of PC 310.5 when the parent or guardian, or third person, agrees to contract for sex acts with the parent or guardian’s child. It does not matter if the sex act that was agreed to in the contract was completed. In fact, if the sex act with the parent’s child or guardian is attempted, or completed, other sex crimes may be charged. Example: David is Lisa’s legal guardian. Lisa is sixteen years old. David enters into an agreement with his friend, Mark, whereby David allows Mark to have sex with Lisa in exchange for money. Result: David and Mark may both be charged with PC 310.5. This is true even if Mark never has sex with Lisa. If Mark does have sex with Lisa, then Mark may be charged with additional crimes, including felony statutory rape (PC 261.5), and David may be charged with aiding and abetting statutory rape, or even pimping a minor ( PC 266h(b) ). PC 310.5 Punishment Classification: Contracting for sex acts with a child is a misdemeanor when it is the parent or legal guardian of the child making the contract for felonious sex acts with the child. The third person who enters a contract to engage in sex acts with a minor may also be charged with a misdemeanor under PC 310.5. Contracting for sex acts with a minor is charged under different penal code sections when the defendant is not the child’s parent or legal guardian. For example, contacting for sex acts with a child, when the defendant is not the child’s parent or legal guardian, will likely be charged as pimping a minor (PC 266h), or human sex trafficking (PC 236.1). Jail Sentence: PC 310.5 convictions carry a maximum 180-day jail sentence, and a minimum 30-day jail sentence. Probation may be allowed in some cases (See "Probation Sentence" below). Probation Sentence: A probation sentence is a period of supervision, as opposed to a jail sentence. A probation sentence is allowed after a conviction for PC 310.5, but a probation sentence is never guaranteed. Whether the defendant receives a misdemeanor probation sentence after PC 310.5 conviction depends on the facts and circumstances of the case, including the defendant’s criminal history, the harm caused to the child, the sophistication level of the case, and more. Note: A probation sentence in PC 310.5 cases is classified as ‘summary probation,’ or ‘informal probation.’ This essentially means that the court monitors the probationer’s probation, as opposed to a felony probation officer. Work Release: In some cases, when the defendant is convicted, or plead “guilty,’ or “no contest,” to PC 310.5, the defendant may serve his jail sentence alternatively on work release. The same is true for any jail commitment ordered as a term of probation if the defendant is granted probation. Court Fines: Per PC 310.5(b) “every person convicted…, ‘PC 310.5,’ shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000)' [PC 310.5(b) Abbrev.] Contract Fine: The court, as a term of punishment after a conviction for PC 310.5, may order the contract fee, which was paid under the illegal contract, if any, to be paid to the court and directed to the “State Children’s Trust Fund.” This is true even though the contract itself is unenforceable as a matter of law (Civ Code 1669.5). Additional Punishment: In addition to the punishment listed above, if found guilty of contract on behalf a child for a sex act (PC 310.5), the defendant may face immigration consequences, professional licensing consequences, criminal protective orders, restitution, military service consequences, and more. Note: Sex offender registration is not mandatory after a conviction for PC 310.5. However, if the court finds that the defendant acted with sexual compulsion when he contracted for a sex act with a child, then the court may, in its discretion, order sex offender registration ( PC 290.006 ). PC 310.5 Defenses Common defenses to PC 310.5 charges include reasonable mistake of fact as to the child’s age (though other sex crimes could still apply), insufficient evidence, illegal search and seizure, lack of Miranda Rights followed, statute of limitations, entrapment, coerced confession , and more. Note: In most PC 310.5 cases, the defendant and the contracting parent or legal guardian do not reduce the agreement to a writing. Additionally, a private citizen's unauthorized recordings are not allowed as evidence in court (PC 632). This can make the terms of the illegal contact difficult to prove without undercover police officer testimony and/or recordings. Diversion Options: Criminal charges related to contracting with a third person for sex acts with a minor may be diverted in some cases. To divert criminal charges means to avoid prosecution upon successful completion of probation-like conditions. For more information, see Judicial Diversion for Sex Crimes . For more information on the crime of contracting on behalf of a child for sex act, or California penal code 310.5, contact our sex crimes criminal defense attorneys today for a free consultation. Our award-winning and successful sex crimes defense lawyers, including winning trial lawyers, have helped hundreds of people charged with misdemeanor and felony sex crimes in the IE, including PC 288(a) [ Lewd and Lascivious Act with Child Under 14 ], PC 261.5 [ Statutory Rape ], PC 243.4 [ Sexual Battery ], PC 311.11 [ Possession of Child Pornography ], PC 647.6 [ Annoy or Molest a Minor ], PC 647(b) [ Prostitution ], and more. Call today! 909-913-3138 Further Reading (2025) Penal Code 288(a) Defense Human Sex Trafficking Defense Judicial Diversion & Sex Crimes Possession of Child Porn Law PC 288.5(a) Law & Defense PC 310.5 Contract for Sex Act with Child: Sex Crimes Criminal Defense Attorneys

Military diversion is a legal procedure whereby a criminal defendant might have his criminal charges avoided (dismissed) if he is, or was, as a member of the United States service, he suffers from a mental disorder as a result his military service, and the criminal charges are related to the mental disorder from which he suffers as a result of his military service. Note: This article is brief overview of military diversion as it applies to California misdemeanor sex crimes. Diversion in General Essentially, to ‘divert’ criminal charges, means to circumvent, or 'go around,' the prosecution process at an early stage of the proceedings (pretrial). To do this, the court suspends criminal proceedings and grants the defendant time to complete probation-like terms (without jail). If the defendant successfully completes a 'diversion program,' his criminal charges are dismissed, and he his criminal record reflects a non-arrest for the criminal charges (with limitations). Note: Diversion procedures are available in different forms in California, including judicial diversion , mental health diversion , drug diversion, and so on. Different diversion programs have different requirements and limitations. Note: Unlike Judicial Diversion or Mental Health Diversion, Military Diversion may apply to misdemeanor sex crimes, including sex crimes for which sex offender registration pursuant to penal code 290 would otherwise be required. Military Diversion Law (PC 1001.80) Per California PC 1001.80, a criminal defendant who is charged with a misdemeanor might have his criminal charges dismissed, if: The defendant was, or currently is, a member of the US military (PC 1001.80(a)(1)) The defendant may be suffering from sexual trauma, traumatic brain injury (TBI), post-traumatic stress disorder (PTSD), substance abuse, or mental health problems as a result of his or her military service (PC 1001.80(a)(2) Abbrev.). Nexus to Crime PC 1001.80 law does not mention a requirement that the defendant’s criminal conduct be related to his military service. Nevertheless, if there is no nexus, or close relationship, between the crime and the mental disorder suffered by the defendant as a result of his military service, then the court will not likely grant military diversion. Example: Billy is a medically disabled military veteran. His disability is that he suffers mentally from military-service related PTSD after close combat firefights while in the military. Billy solicits an undercover officer for prostitution services, and he charged accordingly. At court, Billy requests pretrial military diversion to avoid criminal prosecution. Result: Billy’s sexual penchant for prostitutes is not related to his PTSD; therefore, military diversion treatment for PTSD will not likely address Billy’s unrelated criminal behavior and military diversion is probably unsuitable for Billy. Misdemeanor Charges: Military diversion only applies to criminal cases that are charged as misdemeanor crimes. In some situations, a crime may be charged as either a misdemeanor, or alternatively, as a felony. These are known as “wobbler” crimes. Military diversion applies to wobbler crimes so long as the initial charge is classified as a misdemeanor. Example: David is charged with misdemeanor statutory rape pursuant to PC 261.5(c). Statutory rape may be charged either as a misdemeanor, or alternatively, as felony in California. However, because David is charged with the misdemeanor version of statutory rape, he might qualify for military diversion. On the other hand, if David is charged with the felony version of statutory rape, even under the same law (PC 261.5), then he would not qualify for military diversion. Note: Keep in mind that if David were charged with felony statutory rape in the example above, then he would not qualify for military diversion even if he subsequently had his felony charges reduced to misdemeanor charges under a PC 17(b) request. Diversions Requirements Military diversion comes with ‘conditions,’ or requirements, which are tailored to the defendant’s mental health needs and the facts of the case. This means the court may order the defendant to 1) attend mental health treatment that is designed to treat and remedy the defendant’s criminal behavior, 2) remain free from new criminal charges, 3) pay restitution, etc. In addition, the defendant must be willing to waive (give up) his ‘speedy trial rights’ to allow sufficient time to complete the diversion program. If the defendant is unwilling, or unable to, comply with military diversion conditions, then the court will find that the defendant is unsuitable for military diversion. Note: The court must give preference to a treatment program that has a history of successfully treating veterans who suffer from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of military service, including, but not limited to, programs operated by the United States Department of Defense or the United States Department of Veterans Affairs (PC 1001.80(f)). Revocation of Military Diversion If the court finds that the defendant is not performing satisfactorily, or if the defendant is charged with any new felony or misdemeanor crime during the diversion program, then the court end the military diversion program for the defendant and reinstate criminal proceedings against the defendant (PC 1001.80(c) Abbrev.) Criminal Charges Dismissed Upon successful completion of a military diversion program, the arrest upon which the diversion was based shall be deemed to have never occurred. The defendant may indicate in response to a question concerning his or her prior criminal record that he or she was not arrested or diverted for the offense (except as specified below). A record pertaining to an arrest resulting in successful completion of a diversion program shall not, without the defendant’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate (PC 1001.80(i) Abbrev.). Note: The defendant shall be advised that, regardless of his or her successful completion of diversion, the arrest upon which the diversion was based may be disclosed by the Department of Justice in response to a peace officer’s application request. Also, successful military diversion does not relieve the defendant or his of the obligation to disclose the arrest in response to a direct question contained in a questionnaire or application for a position as a peace officer (PC 1001.80(j) Abbrev.). Length of Military Diversion The period during which criminal proceedings against the defendant may be diverted shall be no longer than two years. The responsible agency or agencies shall file reports on the defendant’s progress in the diversion program with the court and with the prosecutor not less than every six months (PC 1001.80(h)). Qualifying Misdemeanor Sex Crimes As stated, pretrial military diversion may be allowed in misdemeanor sex crimes cases. This is true even if the sex crime allegation is of the type that would otherwise require sex offender registration upon conviction. This means that the following misdemeanor sex crimes might qualify for military diversion if all other requirements are met: PC 261.5(c) Statutory Rape PC 265.1(d) Unlawful Sexual Intercourse PC 289(c) Sexual Penetration by Object PC 288.4(a)(1) Arrange to Meet Minor PC 287(b)(1) Oral Copulation with Minor PC 314 Indecent Exposure PC 243.4(e)(1) Sexual Battery PC 243.4 Misdemeanor Sexual Battery PC 286(b)(1) Sodomy with Minor PC 647(a) Engage in Public Lewd Act PC 315 Operate a Brothel PC 288(c)(1) Lewd Act with Minor PC 647(j)(4) Revenge Porn PC 647(j)(2) Photo Person in Underwear PC 647(b) Engage in Prostitution PC 647(b)(3) Solicit Minor (Prostitution) PC 290(b) Sex Offender Fail to Register PC 286.5 Sexual Assault of Animal PC 647(j)(1) Peek into Bathroom PC 311.6 Engage in Live Obscene Act PC 289.6 Sex Offender on School Campus PC 311.11(a) Possession of Child Porn PC 311.5 Advertise Obscene Material Note: Other non-sex offense misdemeanors may qualify for military diversion. However, for purposes of this article, only qualifying sex offenses are mentioned. For more information on pretrial military diversion, or California penal code 1001.80, as it applies to misdemeanor sex offenses, contact our sex crimes criminal defense attorneys today for a free consultation. Our successful and passionate sex crimes defense lawyers have helped hundreds of defendants charged with all manner of felony and misdemeanor sex crimes in the Inland Empire, including sodomy ( PC 286 ), oral copulation ( PC 287 ), lewd act on a child (PC 288), child porn possession ( PC 311.11 ), sexual battery (PC 243.4), prostitution ( PC 647(b) ), statutory rape ( PC 261.5 ), and more. Call today! 909-913-3138 Further Reading (2025) PC 286(c)(2)(A) Law & Defense Mental Health Pretrial Diversion PC 287(b)(1) Law & Defense “Habitual Sex Offender” Statute Probation & Parole & Sex Crimes Military Diversion for CA Sex Crimes (PC 1001.80) Sex Crimes Criminal Defense Attorneys

Mental health diversion is a legal procedure in California criminal court that allows a criminal defendant to avoid prosecution for her crime if her criminal conduct is reasonably related, and the result of, a recognized mental health disorder, and she is willing and able to abide by certain conditions of the court. Information on mental health diversion in California is found in penal code section 1001.36. The following is a summary of mental health diversion & PC 1001.36 as it applies to California sex crimes. For further information, contact our sex crimes criminal defense attorneys . To start, “diversion,” in the context of criminal law and procedure, means to avoid, or circumvent, criminal prosecution, so long as the defendant qualifies for diversion, and only if the defendant is willing to abide by ‘diversion terms,’ such as supervision by the court, enroll in classes, keep medical appointments, remain free from criminal conduct, etc. For purposes of “mental health” diversion, the court will not grant the defendant's diversion request unless it finds that the defendant’s criminal conduct was related to her mental health issues, and that she is 'suitable' for the program. The court must also consider other factors in the defendant’s personal history and circumstances of the case before the court uses its discretion in allowing a criminal defendant to enroll in diversion. Dismissal of Criminal Charges: If the defendant is allowed to enter mental health diversion pursuant to PC 1001.36, and the defendant successfully complete the mental health diversion requirements, then the defendant’s criminal charges will be dismissed. Note: Mental health diversion is only one type of diversion program in California. Other diversion programs also exist and may be a better option for the defendant depending on the circumstances of the defendant and the facts of the case, such as Judicial Diversion (PC 1001.95), Military Diversion (PC 1001.80), Drug Diversion (PC 1000), etc. Also, mental health diversion might apply to many different types of crimes, not just sex crimes; however, for purposes of this article, the focus is on the application of PC 1001.36 as it applies to California sex crimes . PC 1001.36 Law According to PC 1001.36(a), ‘On an accusatory pleading alleging the commission of a misdemeanor or felony offense…, the court may, in its discretion, and after considering the positions of the defense and prosecution, grant pretrial diversion to a defendant… if the defendant satisfies the eligibility requirements for pretrial diversion…, and the court determines that the defendant is suitable for that diversion….' (PC 1001.36 Abbrev.). Note: Mental health diversion is available for most misdemeanor and felony crimes, unlike Judicial Diversion (PC 1001.95), which is only available for misdemeanor crimes; however, other requirements under PC 1001.36 will make most felony sex crimes ineligible for mental health diversion (See below). Mental Health Diagnosis Required Per PC 1001.36(b)(1), for the judge to consider mental health diversion for the defendant, the court must find that ‘the defendant has been diagnosed with a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, but excluding antisocial personality disorder, borderline personality disorder, and pedophilia….’ Note: Evidence of the defendant’s mental disorder shall be provided by the defense and shall include a diagnosis or treatment for a diagnosed mental disorder within the last five years by a qualified mental health expert. Expert’s Opinion: In opining that a defendant suffers from a qualifying disorder, the qualified mental health expert may rely on an examination of the defendant, the defendant’s medical records, arrest reports, or any other relevant evidence. Significant Factor Requirements Per PC 1001.36(b)(2), before the defendant is admitted to mental health diversion, the court must find that ‘the defendant’s mental disorder was a ' significant factor' in the commission of the charged offense. In other words, per PC 1001.36, the court must find that the defendant was diagnosed with a recognized mental health disorder, and that the mental health disorder was a significant factor in the commission of the offense. Note: The court will not find that a defendant’s crime was the result of a mental health disorder where there is clear and convincing evidence that it was not a motivating factor, causal factor, or contributing factor to the defendant’s involvement in the alleged offense (PC 1001.36(a)(2) Abbrev.). Also, ‘a court ' may consider any relevant and credible evidence… when determining whether a criminal defendant should be granted mental health diversion…, including, police reports, preliminary hearing transcripts, witness statements, statements by the defendant’s mental health treatment provider, medical records, records or reports by qualified medical experts, or evidence that the defendant displayed symptoms consistent with the relevant mental disorder at or near the time of the offense .' Suitability Requirement Per PC 1001.36(c), even if the criminal defendant suffers from a recognizable mental health disorder, and the mental health disorder was a ‘significant’ factor in the commission of the crime, the court must still find that the criminal defendant is ‘suitable’ for mental health diversion (PC 1001.36(c) Abbrev.). In other words, the court must find that the mental health diversion requirement would be responsive to the mental health treatment of the defendant (i.e., would the mental health treatment help to resolve the issues that lead to the defendant’s criminal behavior in the first place). Defendant Must Consent: A mental health diversion program is not appropriate unless the defendant consents and agrees to the diversion requirements and she is willing to ‘waive’ her speedy trial rights so that diversion has time to process. Of course, if the defendant is mentally incompetent to the point where she is unable to consent or agree to mental health diversion, then the judge cannot order mental health diversion for the defendant. Public Safety Concerns: The court will not grant mental health diversion to a criminal defendant that reasonably poses a ‘substantial risk’ of danger to the public. This is because many mental health diversion treatment programs include outpatient treatment plans, where the defendant remains in the public, or inpatient programs where the defendant is in close contact with the general public. In opining whether the criminal defendant reasonably poses a ‘substantial risk’ of danger to the judge may consider the opinions of the district attorney, the defense, or a qualified mental health expert, and may consider the defendant’s treatment plan, the defendant’s violence and criminal history, the current charged offense, and any other factors that the court deems appropriate' (PC 1001.36(c)(4) Abbrev.). Ineligible PC 1001.36 Crimes Per PC 1001.36(d), mental health diversion is not available in certain types of cases, including cases where the defendant is charged with murder, voluntary manslaughter , or for any sex crime where the defendant is ordered to register as a sex offender pursuant to PC 290 upon conviction (except indecent exposure charged under PC 314 ). This means that many sex crimes, regardless of whether they are classified as felonies or misdemeanors, will not qualify for mental health diversion (PC 1001.36(d) Abbrev.). Non-qualify sex crimes include, but are not limited to, the following, regardless of whether the crime is charged as a felony or a misdemeanor: PC 288(a) Lewd Act Upon a Child Under 14 PC 287 Oral Copulation Crimes PC 286 Sodomy Crimes PC 289 Sexual Penetration Crimes PC 288.5 Continuous Sexual Abuse of Child PC 261 Rape by Force or Fear PC 269 Aggravated Sexual Assault of Child PC 264.1 Rape in Concert (Gang Rape) PC 220 Sexual Assault PC 243.4 Sexual Battery PC 288(b) Lewd Act by Force on Child PC 311.11 Possession of Child Porn PC 647.6 Annoy or Molest a Minor PC 288.7 Sexual Conduct with Child Under 10 PC 209(b) Kidnap to Commit a Sex Crime PC 266h Pimping PC 285 Incent PC 236.1 Human Sex Trafficking Sex Crimes Eligible for PC 1001.36 Sex crimes that are eligible for mental health diversion, include: PC 647(b) Prostitution PC 261.5 Statutory Rape PC 314 Indecent Exposure PC 288.2 Distribute Non-Sex Lewd Material PC 315 Keeping a House of Il Repute PC 647(j)(4) Revenge Porn PC 647(j)(2) Video Person in Undergarments PC 647(j)(1) Peek into Bathroom / Dressing Room PC 647(a) Engage in Lewd Conduct in Public PC 318 Refer Client to Prostitute (Capping) PC 310.5 Contract to Pay Minor for Sex PC 311.6 Engage in Live Obscene Conduct PC 290(b) Fail to Register as Sex Offender PC 289.6 Sex Offender on School Grounds PC 286.5 Sexual Assault of Animal PC 647(b)(3) Solicit Minor for Prostitution Mental Health Diversion Length The period during which criminal proceedings against the defendant may be ‘diverted’ is limited as follows: If the defendant is charged with a felony, the period shall be no longer than two years, If the defendant is charged with a misdemeanor, the period shall be no longer than one year. Reinstatement of Criminal Proceedings After a criminal defendant is granted mental health diversion, the court may revoke that permission if the defendant is either 1) charged with additional crimes , 2) becomes unsuitable for mental health diversion , 3) not performing well in the assigned program , or 4) has become gravely disabled , and more. To reinstate criminal proceedings and revoke mental health diversion, the defendant, the prosecuting attorney, and the mental health expert treating the defendant must have notice of the court’s intent to revoke mental health diversion and reinstate criminal proceedings. Note: Additional requirements and procedures for mental health diversion admission and revocation pursuant to PC 1001.36 may apply. Successful Completion of Mental Health Diversion Upon successful completion of mental health diversion, the criminal defendant's admission to a mental health program 'may not be used against her in a way that results in denial of employment, benefit, license, or certificate' (PC 1001.36(i) Abbrev.). However, the criminal defendant shall be advised that, regardless of the defendant’s completion of mental health diversion, both of the following apply: 1) The arrest upon which the diversion was based may be disclosed by the Department of Justice to any peace officer application request , and 2) ‘successful mental health diversion…’ does not relieve the defendant of the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer (PC 1001.36(j)(1) Abbrev.). Note: An order to seal records pertaining to an arrest made pursuant to PC 1001.36 has no effect on a criminal justice agency’s ability to access and use those sealed records and information regarding sealed arrests. For more information on mental health diversion, or CA penal code section 1001.36, as it applies to CA sex crimes, contact our sex crimes criminal defense attorneys today for a free consultation. Our award-winning and successful sex crimes defense attorneys have handled hundreds of misdemeanor and felony sex crimes in the Inland Empire, including PC 288(a) Crimes [Child Molestation], PC 311 Crimes [Possession of Child Pornography], PC 287 Crimes [Oral Copulation], PC 243.4 Crimes [Sexual Battery], PC 647(b) Crimes [Prostitution], PC 290.018 Crimes [Fail to Register], and many more. Our sex crimes criminal defense attorneys represent criminal defendants in the Inland Empire and surrounding areas, including the cities and courts of Redlands, Rancho Cucamonga, Fontana, Rialto, Yucaipa, San Bernardino, Riverside, Banning, Ontario, Victorville, Hesperia, Highland, Chio, Upland , and more. 909-913-3138 Recent Blogs (2025) Judicial Diversion for Sex Crimes PC 287(f) Law, Sentence & Defense PC 290.006 Law & Defense Sexual Battery by Medical Professionals Mental Health Diversion for Sex Crimes (PC 1001.36)

Judicial diversion , in the legal sense, is an alternative, or circumvention, to criminal prosecution. In other words, when a defendant enters a judicial diversion program, he is diverted from the course of criminal prosecution and directed to a course that leads to non-criminal prosecution and dismissal of the criminal charges. There are several types of diversion in California, including military diversion, mental health diversion, drug diversion, judicial diversion , and more. This article deals with judicial diversion pursuant to California penal code 1001.95 as that law applies to sex crimes allegations. Other types of diversion programs have different requirements and may or may not apply to felony or misdemeanor sex crimes. Example: In California, David is charged with solicitation of prostitution ( PC 647(b) ). If David is successfully criminally prosecuted, he may end up with a criminal record, probation terms, and possible jail. On the other hand, if David is offered judicial diversion, and he is successful with the diversion program, then David will end up with no criminal record, no probation, and no jail. Judicial Diversion Completion: Judicial diversion requires the defendant to fulfill ‘conditions of diversion’ before his case is diverted (dismissed). In other words, if the defendant enters a judicial diversion program, he may still be criminally prosecuted unless and until he fulfills all the conditions of diversion. Example: David is charged with engaging in lewd conduct in public ( PC 647(a) ). He is offered judicial diversion pursuant to Penal Code 1001.95. David is ordered to attend a class as part of his diversion program; however, David fails to complete the required classes. Therefore, the judge reinstates criminal proceedings against the defendant. Note: a judge may allow a defendant to reenter diversion after the defendant has failed to complete a term of diversion. Whether the judge allows the defendant to be reinstated into a diversion program after the defendant has failed to complete a diversion term is decided on a case-by-case basis. Terms of Judicial Diversion: Every case is different; therefore, the terms of judicial diversion are different in every case. With that in mind, most judicial diversion requirements will include attendance of an online class, payment of a fine, a condition to remain free from new misdemeanor or felony criminal charges during diversion (i.e., 4-24 months), and more. Example: David has nude images of Melissa that she allowed David to keep during their relationship. Later, Melissa breaks up with David. Thereafter, David puts Melissa’s nude images on social media and porn sites to get his revenge (i.e., “ revenge porn ”). Later, David is charged with distributing nude images to humiliate ( PC 647(j)(4) ), and he is offered judicial diversion. As a special term of diversion, David must destroy all images of Melissa in his possession. David complies with all diversion terms and his criminal charges are dismissed. Judicial Diversion Requirements A judge in the superior court in which a misdemeanor is being prosecuted may, at the judge’s discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions (PC 1001.95(a)). Misdemeanor Charges Required: As noted, judicial diversion is only allowed in misdemeanor cases. However, a case that may be charged either as a misdemeanor, or alternatively as a felony (i.e., a “wobbler” crime), qualifies for judicial diversion, so long as the defendant is either charged with the misdemeanor version of the offense, or the defendant's felony charge is subsequently reduced to a misdemeanor (i.e., request to reclassify felony charges to misdemeanor charges [PC 17(b)]). Example: David is charged with felo ny statutory rape ( PC 261.5 ), a “wobbler” crime; therefore, David does not qualify for judicial diversion. However, David is successful in his request to reclassify his felony charge to a misdemeanor charge. Thereafter, David qualifies for judicial diversion upon permission from the court. PC 290 Disqualification: A PC 290 sex crime is not eligible for judicial diversion (PC 1001.95(e)(1)). A PC 290 sex crime is any sex offense that requires the defendant to register as a sex offender. For more information, see PC 290 Crimes & Requirements . Note: Other non-sex crimes disqualifications for judicial diversion include domestic violence crimes and stalking crimes. Keep in mind that most sex crimes, even misdemeanor sex crimes, require the defendant to register as a sex offender pursuant to PC 290; however, the following is a list of misdemeanor sex crimes that may qualify for judicial diversion because PC 290 registration is not required for these sex crimes: Statutory Rape ( PC 261.5(c) & 261.5(d) ) Solicitation of Prostitution ( PC 647(b) ) Engage in Public Lewd Act ( PC 647(a) ) Keep a House of Prostitution ( PC 315 ) Referring Client to Prostitutes (PC 318) Contract to Pay Minor for Sex (PC 310.5) Revenge Porn ( PC 647(j)(4) ) Engage in Obscene Live Conduct ( PC 311.6 ) Video Person in Undergarments ( PC 647(j)(2) ) Show Lewd Matter to Minor (PC 288.2(a)(1)) Sex Offender on School Grounds ( PC 626.81 ) Fail to Register ( PC 290(b) & 290.018 ) Consensual Sex with Confined Adult (PC 289.6) Sexual Assault of Animal ( PC 286.5 ) Send Harmful Matter to Minor (PC 313) Peeking into Bathroom ( PC 647(j)(1) ) Solicit Minor for Prostitution ( PC 647(b)(3) ) Unlawful Sexual Intercourse ( PC 261.5 ) PC 290.006 Issues: Some sex crimes do not require sex offender registration. Nevertheless, California penal code 290.006 allows the court, in its discretion, to require the defendant to register as sex offender. When this happens, the defendant may not qualify for judicial diversion. Example: David is charged with unlawful sexual intercourse ( PC 261.5 ). The crime of unlawful sexual intercourse is not a crime for which sex offender registration is required. However, the district attorney has charged a PC 290.006 charge along with the PC 261.5 allegation, which means the defendant could face sex offender registration if found guilty of both criminal charges. Therefore, David does not qualify for diversion pursuant to PC 1001.95. Judicial Discretion: Remember, whether the defendant is allowed to enter a judicial diversion program is up to the court. In other words, judicial diversion is not guaranteed. The defendant must petition the court to enter the PC 1001.95 judicial diversion program. The judge's decision as to whether the defendant should be allowed to enter judicial diversion depends on many factors, including the defendant’s criminal history, the ability of the defendant to complete the diversion program, the harm cause to the defendant’s victim(s), and more. District Attorney Approval: The district attorney’s approval is not required for the defendant to enter judicial diversion (PC 1001.95(a)). Nevertheless, the defendant should consider working with the district attorney during plea bargaining in his effort to get the district attorney’s support for judicial diversion, or at least a “no-objection” position from the district attorney. This will make the application for judicial diversion more likely to succeed. Example: David is charged with maintaining a brothel ( PC 315 ). The district attorney does not approve of the defendant’s request to enter judicial diversion pursuant to PC 1001.95. Nevertheless, David may ask the judge to consider him for judicial diversion over the district attorney’s objection. However, if David can negotiate diversion terms that please the district attorney, then David’s application for diversion will more likely be approved by the court. For more information on judicial diversion, of PC 1001.95, as it applies to California sex crimes, contact our sex crimes criminal defense attorneys today. Our award-winning attorneys handle felony and misdemeanor sex crimes in the IE, including lewd act on a child under 14 ( PC 288(a) ), possession of child pornography (PC 311.11), sexual battery (PC 243.4), rape by force or fear (PC 261), pandering (PC 266i), sodomy (PC 286), statutory rape ( PC 261.5 ), oral copulation (PC 287), sexual penetration ( PC 289 ), prostitution (PC 647(b)), and more. Call today! 909-913-3138 Recent Blog Posts (2026) PC 286(b)(1) Law & Defense PC 647.6(a) Law & Defense PC 290.006 Law & Defense Terminate PC 290 Registration Defense of Consent in Sex Crimes Judicial Diversion for California Sex Crimes PC 1001.95: Sex Crimes Defense Lawyers

Information on the California crime of statutory rape , also called unlawful sexual intercourse , is found at California penal code section 261.5. Information on the penalties and defenses to PC 261.5 charges may be found at unlawful sexual intercourse . This article primarily deals with the defense of reasonable mistake of age (of the minor) in CA statutory rape cases. For further information, contact our sex crimes criminal defense attorneys today for a free consultation. In short, statutory rape is defined as sexual intercourse with a person under the age of eighteen (18) years of age (i.e., a "minor"). It does not matter if the minor was willing to engage in sexual intercourse. This is because a minor cannot legally consent to sexual intercourse in California. Note: When the age difference between the minor and the defendant is less than three years, the statutory rape is usually charged as a misdemeanor under PC 261.5(c). When there is more than three years difference in age between the defendant and the minor, the defendant is usually charged with felony statutory rape charged under PC 261.5(d). Age of Consent: The age of consent, or the age at which a person may legally engage in sexual conduct with another person, is different from state to state. However, in California, the age of consent is eighteen (18). Reasonable Mistake of Age Per Calcrim 1071, if ‘the defendant reasonably and truly believed that the minor was at least eighteen (18) years of age, then the defendant is not guilty of unlawful sexual intercourse (Calcrim Abbrev.). Objective Standard: The defendant must have reasonable belief that the minor was of the age of consent (18) at the time of sexual intercourse. This means that the average person would also have believed that the minor was of the age of consent if he or she was in the same situation as the defendant at the time of sexual intercourse. Example: If the minor appeared very young and acted very immature at the time of sexual intercourse, then the average person might not believe that the minor was of the age of consent (18) at the time of sexual intercourse. On the other hand, if the minor had a job, drove a car, and was attending college, then the average person could easily believe the minor was of the age of consent (18). Subjective Standard: In addition to the reasonable (objective) standard, the defendant must have truly believed that the minor was of the age of consent (subjective standard). Example: If defendant actually knew the minor was only seventeen (17) years old at the time he or she engaged in sexual intercourse with the minor, then a reasonable mistake of age defense will not apply to the defendant. On the other hand, if the defendant truly did not know the age of the minor, and the defendant truly believed that the minor was of the age of consent (18), then the mistake of age defense may apply to defendant. Both the objective (reasonable) and subjective standards are used in evaluating whether the defendant is entitled to use the reasonable mistake of age defense in a statutory rape case filed as either PC 261.5(c) or PC 261.5(d). Willful Ignorance Not a Defense: If the defendant believed the minor was likely under the age of consent (18), but he or she willfully remained ignorant of that information when he engaged in sexual intercourse with the minor, then the defense of reasonable mistake as to the age of the minor may not be used in a PC 261.5 case. Example: Sarah, a seventeen (17) year old, posts social media texts that indicate she is eighteen (18) years old. John meets Sarah through social media, but when John meets Sarah in person, he doubts that Sarah is actually eighteen (18). Nevertheless, John does not inquire as to Sarah’s age because he does not want to hear that Sarah is underage (under 18). Result: If John engages in sexual intercourse with Sarah, he may be charged with PC 261.5 and the reasonable mistake of age defense will not apply to his case. Prosecutors’ Burde to Prove: The district attorney must prove, beyond a reasonable doubt, that the defendant did not reasonably and actually believe that the minor was at least eighteen (18) years old. If the district attorney cannot prove this fact beyond a reasonable doubt, then the defendant is entitled to an acquittal of the PC 261.5 charges (Calcrim 1071 Abbrev.). Mistake of Fact Non-Exclusive: The defendant is entitled to use the reasonable mistake of age defense (mistake of fact defense) in conjunction with other defenses. Example: John is charged with misdemeanor unlawful sexual intercourse ( PC 261.5 ). John may defend with reasonable mistake of age of the minor (mistake of fact), and any other applicable defense that applies to the same criminal charges, such as statute of limitations (Three years statute of limitations in statutory rape cases in California), illegal search and seizure, coerced confession, lack of Miranda warnings, legal marriage between the minor and the defendant, insufficient evidence to prove intercourse occurred , and more. Note: Attempted statutory rape is not a lesser included offense to statutory rape (PC 664-261.5). Evidence in PC 261.5 Cases As stated, the district attorney must prove, beyond a reasonable doubt, that every element of the criminal charge of statutory rape is true. This means that the district attorney must prove: 1) the minor was under the age of eighteen (18), 2) at the time of sexual intercourse with a person aged eighteen (18) or older, 3) some level of penetration of the defendant’s penis entered the minor’s vagina, no matter how slight, and 4) the defendant knew, or reasonably should have known, that the minor was under the age of eighteen (18). To prove the defendant knew the minor was under the age of eighteen (18) in a statutory rape case, the district attorney may use any relevant evidence, including written conversations between the minor and the defendant, live testimony of persons who are award that defendant knew the minor was underage, and other circumstantial evidence (i.e., minor was in high school, minor did not drive, minor did not work, minor looked very young, etc.). Defense Applies to Other Sex Crimes: The reasonable mistake of age defense might also apply to other sex crimes related to minors where the defendant reasonably and actually believed the minor was of the age of consent, including statutory sodomy ( PC 286(b)(1) ), statutory oral copulation ( PC 287(b) ), statutory sexual penetration ( PC 289 ), and more. Limitations of Defense: Reasonable mistake of age defense (mistake of fact) does not apply if the minor is not otherwise willing to engage in sexual conduct with the minor. Example: David performs oral sex on Jane while Jane was extremely drunk. David reasonably and truly believed that Jane was nineteen (19) years old when he performed oral sex on Jane, but Jane was only seventeen (17) years old when David performed oral sex on Jane. Result: David may be charged with, and found guilty of, oral copulation upon minor (PC 287). This is because Jane did not voluntarily engage in oral sex at the time of David’s crime. For more information on the defense of reasonable mistake of age of the minor in a statutory rape case (unlawful sexual intercourse), or CA PC 261.5(c) or PC 261.5(d), contact our sex crimes criminal defense attorneys today for a free consultation. Our award-winning sex crimes criminal defense attorneys have successfully helped thousands of defendants charged with all misdemeanor and felony sex crimes, including (PC 288(a)) lewd or lascivious act upon a child under 14 , (PC 243.4) sexual battery , (PC 647(b)(3)) soliciting a minor for prostitution , (PC 311.11) possession of child pornography , (PC 647(a)) engage in public lewd act , (PC 286) unlawful sodomy , and more. Call today! 909-913-3138 Further Reading (2025) PC 288(i) Law & Defense Sexual Battery v. Sexual Assault PC 209(b) Law & Defense PC 266g Law & Defense Defense to Sex Crimes Reasonable Mistake of Age Defense in Statutory Rape Cases (PC 261.5) Unlawful Sexual Intercourse