Sex Crimes
Defense Lawyers

Sexual Assault v. Sexual Battery: What’s the Difference? The difference between sexual assault and sexual battery is that sexual assault is an “attempt” crime, whereas sexual battery is a “completed” crime. In California, the crime of sexual assault is an attempt to commit a specific sex offense. For example, David attempts to commit sodomy of Sarah while Sarah is extremely intoxicated, but David’s effort to commit sodomy on Sarah is thwarted when Sarah’s friend catches David in the act and calls the police. In this example, David attempted to commit the crime of sodomy, with the specific intent to commit sodomy, but the completely crime of sodomy was not committed; therefore, David may be charged with sexual assault to commit sodomy ( PC 220(a)(1)/286 ). No Touching Required for Sexual Assault: Unlike sexual battery, sexual assault does not require that the victim be physically touched with sexual intent. The defendant’s attempt to commit a sex offense is all that is needed for sexual assault, regardless of whether the defendant touches the victim with sexual intent. For example, David grabs Sarah in his attempt to rape Sarah. When David grabs Sarah, he does not grab her in a sexual manner, but he does grab her with the intent to rape her at a later time. Sarah escapes David before he completes the crime of rape. In this example, David assaulted Sarah with the intent to rape her, and even though David did not grab Sarah in a sexual manner, he may be charged with sexual assault because he intended to rape Sarah when he grabbed her. Sexual Battery: Sexual battery, unlike sexual assault, requires that the victim be physically touched in a sexual manner (simultaneous touching and intent required). For example, David grabs Sarah’s butt with the intent to sexually arouse either himself or Sarah. In this example, David may be charged with sexual battery because he touched Sarah’s butt at the same time that he intended to sexually arouse Sarah or himself. Note: Neither sexual assault, nor sexual battery, require an intimate part of the victim be touched (i.e., female breasts, buttocks, genitals). For example, David rubs his leg up against Sarah’s leg at dinner to sexually arouse either Sarah or himself. In this example, David may be charged with sexual battery even though he did not use his hands and even though he did not touch an intimate part of Sarah. Sexual Battery & Sexual Assault Charged Together Sexual assault and sexual battery can be committed at the same time; these crimes may also be charged together in the same criminal complaint, but it is not automatic that a sexual assault results in a sexual battery. For example, David grabs Sarah’s neck in an attempted rape . When David grabs Sarah’s neck he is not attempting to sexually arouse her or himself, but he is trying to subdue her in his effort to rape her. In this example, even though David touched Sarah’s neck, he was not sexually aroused or trying to sexually arouse Sarah when he did so. Therefore, David may be charged with sexual assault, but not sexual battery. Similar Defenses May Apply: Similar defenses may apply to both sexual assault and sexual battery crimes, including consent (does not apply in cases where victim is a minor), insufficient evidence to prove the crime, coerced confession, illegal search and seizure, statute of limitations, alibi defense , and more. Punishment Differences: The crime of sexual assault is generally punished more severely than the crime of sexual battery. This is because the crime of sexual assault involves the attempt to commit a serious and violent sex offense (i.e., oral copulation , rape by force or fear , sodomy , sexual penetration , lewd act on a child under 14 , etc.), whereas the crime of sexual battery does not usually involve either injury to the victim, or the level of attempted personal violation associated with sexual assault crimes. Note: Sexual assault crimes carry greater direct and indirect penalties than sexual battery crimes, including greater immigration consequences, longer incarceration, greater professional licensing consequences, more fines, bigger restitution amounts, and more. Sexual Offense & Completed Crime: When sexual assault or sexual battery leads to the completed crime, then the completed crime is charged, not the sexual assault or sexual battery charge. Example: David assaults Sarah with the intent to rape Sarah (i.e., sexual assault with intent to commit rape [ PC 220(a)(1)/261 ). Thereafter, David rapes Sarah. David may be charged with both sexual assault and the completed crime of rape, but David cannot be sentenced for both the attempt crime (sexual assault to commit rape) and the completed crime (rape); therefore, the district attorney will only charge the completed crime of rape in this example. Sex Offender Registration: Both sexual assault crime and sexual battery crimes require sex offender registration in California (PC 290(c)). However, the length of registration as a sex offender is usually much longer for sexual assault crimes than it is for sexual battery crimes (See CA Tier System for Sex Offender Registration). Alternative Charge for Sexual Assault: As stated, a sexual assault is an 'attempt to commit a crime, coupled with the specific intent to commit that crime.' In turn, in criminal law, an “attempt” to commit a crime is a ‘substantial step towards the commission of a crime, coupled with the specific intent to commit that crime.’ In essence, a sexual assault crime is virtually the same as attempt to commit a sex crime, but with the added element of ‘substantial step towards commission of the crime for an attempt offense. Therefore, the district attorney in sexual assault crimes will sometimes charge the crime under California penal code 664, which covers the law of attempt, so long as the district attorney believes a ‘substantial step’ towards the commission of the crime was completed. For example, in California, the crime of attempted rape , where the defendant makes a ‘substantial step towards the commission of the crime of rape,’ many be charged as either PC 220(a)(1)/261 ( sexual assault to commit rape ), or PC 664/261(a) (attempted rape). Sexual Assault Crimes in California (Abbrev.) PC 220(a)(1)/261 Assault to Commit Rape PC 220(a)(1)/264.1 Assault to Commit Gang Rape PC 220(a)(1)/286 Assault to Commit Sodomy PC 220(a)(1)/287 Assault to Commit Oral Copulation PC 220(a)(1)/288 Assault to Commit Lewd Act on Child PC 220(a)(1)/289 Assault to Sexually Penetrate with Object Sexual Battery Crimes in California PC 243.4 Sexual Battery by Restraint (Misdemeanor or Felony) PC 243.4(e)(1) Sexual Battery (Misdemeanor) PC 243.4(b) Sexual Battery of Inmate PC 243.4(c) Sexual Battery of Unconscious Person PC 243.4(d) Sexual Battery by Forced Masturbation For more information on the crimes of sexual assault ( PC 220(a) ) and sexual battery ( PC 243.4 ), including the differences and similarities between sexual assault and sexual battery, contact our sex crimes criminal defense attorneys today for a free consultation. Our team of dedicated defense attorneys have successfully handled hundreds of sex crimes in the Inland Empire, including the cites and court of San Bernardino, Riverside, Fontana, Rancho Cucamonga, Rialto, Yucaipa, Redlands, Upland, Ontario, Chino, Victorville, Highland , and more. Call today! 909-913-3138 Related Articles (2025) Lewd Act on a Child & PC 288(a) Rape in Concert (Gang Rape) Continuous Sexual Abuse of Child Sexual Battery v. Sexual Assault

As a California sex crimes criminal defense attorney, I am frequently asked about polygraph examination reliability and admissibility as these “polygraph tests” relate to sex crimes allegations, prosecution, and criminal defense. More specifically, many sex crimes criminal suspects and criminal defendants want more information regarding the following: 1.      What is a Polygraph Exam? 2.      How Does the Machine Work? 3.      Are Polygraph Exams Reliable? 4.      Should I Take Polygraph Exam? 5.      Can the Results Hurt Me? 6.      Should I Refuse the Exam? 7.      Can a Polygraph Help Me? 8.      Can I Fool a Polygraph? 9.      My Rights Regarding the Exam 10.  VOPs & Polygraph Exams 11.  PC 288 Crimes & Polygraphs   1.      What is a Polygraph Examination (i.e., “Lie Detector Test”)? A polygraph examination, often called a “lie detector” test, is a non-invasive process that uses a “polygraph machine” to detect and record the physiological changes of an examinee as those changes relate to questions asked by a polygraph examiner. The changes in the examinee’s physiology allegedly indicate purposeful misrepresentation in the examinee’s responses to the questions posed due to cognitive dissonance (i.e., mental discomfort from holding two inconsistent beliefs). 2.      How Does a Polygraph Machine Work? A polygraph examination machine works by detecting and recording the changes in an examinee’s physiology, which are reportedly uncontrollable and caused by stress and anxiety related to knowingly deceptive answers to the polygrapher’s questions (i.e., cognitive dissonance). The physiological changes measured by the polygraph machine include: Blood Pressure, Breathing Pattern (Respiration Rate), Heart Rate, Changes in Electrical Conductance Related to Sweat Production (Galvanic Skin Response [GSR]). Eye Movement & Dilation (More Sophisticated Machines) At the conclusion of the polygraph exam, the polygraph examiner analyzes and interprets the data produced by the polygraph machine to determine if there are significant variations or fluctuations in the examinee’s physiology in response to the questions posed. The fluctuations in physiology are reportedly the uncontrollable result of anxiety caused by cognitive dissonance, which is turn, is caused by the purposeful misrepresentation known facts. Note: In criminal cases, polygraph examinations are most used in connection with allegations of child molestation type charges, including Penal Code 288(a) [ Lewd Act on a Child Under 14 ], & 288.5 [Continuous Sexual Abuse of a Child], and PC 287a [Oral Copulation on a Minor]. 3.      Are Polygraph Examinations Reliable? The reliability of the polygraph exam is a topic of debate. While polygraph examinations can provide useful information, they are not foolproof, and factors such as the examinee’s emotional state, medical condition, subjective belief of a false “truth,” and even the ability of the examinee to understand the questions, can all affect the reliability of a polygraph examination. Also, the polygraph examiner’s expertise, training, and subjective bias can influence the results or the interpretation of the results. In some situations, polygraph examinations have been shown to produce false positives (indicating deception when someone is truthful) and false negatives (not detecting deception when someone is lying). Note: The fear of the polygraph examination test itself or personal issues, can affect a person’s physiology, and therefore, skew results of the polygraph exam. 4.      Should Criminal Suspects Take Polygraph? When law enforcement is requesting that a criminal suspect take a polygraph examination, the criminal suspect will almost never benefit from complying with this request. This is because anything the defendant says or does before, during, or even after the examination itself can be used against the criminal suspect, and yet, the results of a polygraph examination will never exonerate the criminal suspect. This is true even though the results of the polygraph examination cannot be used against the criminal suspect except in very limited circumstances. For example, David is asked to take a polygraph examination after he is suspected of annoying or molesting his granddaughter. David agrees to take the exam because law enforcement claims that the exam result will exclude him from being a suspect in the case. David takes and “passes” the polygraph exam, but law enforcement continues to pursue David as a criminal suspect because of inconsistent statements he made during the exam, even though exam result themselves cannot be used against David in the criminal case. A criminal suspect might be asked to take a polygraph examination by his or her criminal defense lawyer. This is a private polygraph examination without law enforcement presence or knowledge. The purpose of a private polygraph examination for a criminal suspect is determined, in advance, if the criminal suspect (or criminal defendant), would likely pass a polygraph examination if conducted by law enforcement. This could be beneficial to the criminal suspect in some limited situations. Typically, the only words a criminal suspect, or even a probationer or parolee, should make in response to a sex crimes allegation is that he or she does not want to make any statement, and that he or she would like to have his or her lawyer present during any questioning regarding any subject. 5.      Can Polygraph Results Incriminate Me? Polygraph results are not admissible in California courts due to their controversial reliability. There is an exception to the admissibility of polygraph examination results if all parties agree (i.e., district attorney and criminal defendant). This rule against the use of polygraph exam results against the criminal defendant is absolute and makes no exception other than by agreement between the defendant and the district attorney (Penal Code 351). In fact, clear evidence that proves a defendant submitted to a polygraph examination may not be used as impeachment against the defendant even if the defendant clearly lied about taking the test. In addition, without an agreement between the defendant and the district attorney, none of the following evidence is admissible in criminal court: Evidence that the defendant offered to take a polygraph examination Evidence that the defendant refused or failed to take a polygraph examination Evidence that the defendant submitted to a polygraph examination The results of a polygraph examination, and The opinion of the polygrapher Note: A criminal defendant cannot be forced by anyone to take a polygraph examination. This does not mean that failure to take a polygraph examination is a good option, especially for probationers or parolees who have agreed to submit to polygraph examinations as part of their respective probation or parole conditions. It is important to understand that polygraph testing may be a valid condition of probation, but the court should impose restrictions on the questions (Brown v. superior Court (2002) 100 CA4th 313). Also, a person who is obligated to take a polygraph examination as a condition of probation or parole is probably protected from having the results of that polygraph used as evidence against him or her. This is because the probationer or parolee’s statement is compelled in this situation and would not stand against a Miranda Violation Defense. 6.      Should I Refuse to Take a Polygraph Test? Whether a criminal suspect should refuse to take a polygraph examination depends on the circumstances of the case and who is asking for the examination (i.e., law enforcement v. criminal suspect’s lawyer, etc.). With that said, the general rule is that a criminal suspect (or criminal defendant) should neither refuse, nor agree to take a polygraph examination by law enforcement. The best practice in most circumstances is for the criminal suspect to inform law enforcement that he does not wish to answer any questions, and that he would like his or her lawyer to be present during any questioning. The criminal suspect should thereafter contact a criminal defense attorney without delay to ascertain the best way to handle any polygraph examination in the future, if at all. 7.      Can a Polygraph Prove My Innocence? Polygraph examination results will never prove a criminal suspect’s innocence because the result of a polygraph examination cannot be used in court without prior agreement. Nevertheless, sometimes polygraph examinations are used to “exclude” a suspect, at least unofficially, and at least for a while. 8.      Can I Fool or Trick a Polygraph? Some people claim to be able to fool or trick a polygraph exam by controlling their physiology in response to questions. Some methods people use to trick or fool their physiology in response to questions (which results in fooling or tricking the polygraph machine) include: Irregular Breathing: Some people can regulate their breathing pattern to minimize the tiny, almost undetectable, fluctuations in respiration rates between breaths. Physical Discomfort: Purposeful physical discomfort or pain during questioning, like biting the tongue or putting pressure on an undisclosed injury, has been used to produce consistent physiological responses throughout the polygraph questioning, which could result in no detectable changes in the examinee’s physiology during questioning. Stress Management: Relaxation techniques and mental strategies designed redirect perceived questions is claimed to help control a person’s physiological responses during a polygraph examination. Emotional Control: Masking anxiety through medication or emotional control, similar to method acting, is claimed to impact the physiological responses of an examinee during a polygraph examination. Pre-Test Preparation: Knowledge about the polygraph process and common questions might allow individuals to better prepare and respond in ways that could potentially confuse the results. Note: Skilled polygraph examiners are trained to recognize patterns and anomalies that might indicate an attempt to manipulate the results. They look for inconsistencies and physiological responses that are out of the ordinary. Example: David is asked by law enforcement to take a polygraph examination after he is accused of oral copulation of his intoxicated girlfriend (i.e., “date rape”). David agrees to the request, but before he takes the test, he puts a small rock in his shoe. During questioning, David puts pressure on the rock to cause discomfort and manipulate his physiology during questioning. Keep in mind that polygraphs measure multiple physiological responses, and the interplay between them can be complex. Attempting to control or manipulate one response may not necessarily affect all relevant indicators in a predictable manner. Also, attempting to trick a polygraph test raises ethical concerns and can have legal or professional repercussions for a criminal suspect and/or his or her criminal defense lawyer. It is generally advisable to decline a polygraph examination through the criminal suspect’s sex crimes criminal defense lawyer. However, if the criminal suspect is going to take the polygraph examination over his or her criminal defense lawyers’ advice, then he or she should approach the tests with honesty and integrity rather than attempting to deceive them. 9.      My Rights Regarding Polygraph Exams? A criminal suspect, or criminal defendant does not have to take a polygraph examination upon request from any law enforcement agency. In other words, the criminal suspect or criminal defendant usually has the right to refuse to take a polygraph examination. However, refusal to take the polygraph examination should be made through the criminal suspect’s criminal defense lawyer. If the criminal suspect wants to take a polygraph over the advice of his criminal defense attorney, or when the suspect must take a polygraph (See VOP issues below), then the polygraph examination should only be performed under conditions approved by the sex crimes criminal defense lawyer (See Probation or Parole Exceptions Below). 10.  Post-Conviction Use of Polygraph Info: A person who is on probation or parole is sometimes obligated to submit to a polygraph examination as a condition of his or her probation or parole. This is rare as most probation or parole terms do not have the probationer or parolee waive his or her Fifth Amendment Right to Remain Silent in the fact of a new criminal allegation, but it does occur, especially in cases related to a conviction for lewd and lascivious act on a child under fourteen cases ( PC 288(a) ), and other sex crimes convictions related to children. If the probationer or parolee is subject to a condition that requires him or her to take a polygraph examination as part of his or her probation or parole, the probationer or parolee should seek the advice of a criminal defense attorney before taking the required polygraph examination so that any criminal liability can be avoided related to crimes for which the defendant was not convicted. Also, according to Penal Code 351, the results of a polygraph examination cannot be used against the defendant. So why would a court have this condition included as a term of probation or parole in the first place? The answer is that anything the probationer or parolee says before or during the questioning can be used against him, even if the results of that exam cannot be used against him. 11.  PC 288 Crimes & Polygraph Exams In practice, polygraph examinations in criminal law are most used in connection with sex crimes, such as child molestation cases, especially in “he said/she said” child molestation cases, where the defendant’s confession is the best evidence of the defendant’s guilt. This is true even when the results of the polygraph examination themselves cannot be used as evidence against the defendant per California law. For example: Eric is accused and suspected of committing sexual penetration by object with force (PC 289). Eric is asked by law enforcement to take a polygraph exam to “clear his name.” Eric takes the polygraph exam. Afterwards, law enforcement tells Eric that he ‘failed the polygraph.’ (Regardless of whether Eric in fact failed the polygraph exam). Thereafter, Eric confesses to the crime to law enforcement because Eric feels that a confession will now best serve to reduce his criminal liability (since he “failed” the polygraph examination according to police). Result: The results of the polygraph exam are not admissible, but Eric’s confession after the polygraph exam is probably admissible if law enforcement properly followed Miranda Warnings and Waivers. (Most polygraph examinations are preceded by Miranda Warnings and Waivers). To learn more about polygraph examinations used in sex crimes cases, or issues related to PC 351, contact our sex criminal defense lawyers without delay. Our team of experienced criminal defense lawyers have successfully handled hundreds of felony and misdemeanor criminal cases in San Bernardino, Riverside, Orange, and Los Angeles County. We have experience with cases involving polygraph examinations and we offer free in-office first-time consultations for criminal suspects and defendants every day of the week. Call today! 909-913-3138 More Articles (2025) PC 243.4 Sexual Battery PC 311.11 Poss. of Child Porn PC 261.5 Statutory Rape PC 314 Indecent Exposure PC 647(b) Solicit Prostitution PC 288.5 Cont. Sexual Abuse

Sex crimes criminal defense lawyers will typically use one or more of the following defense options when her client is facing California prostitution charges, including criminal allegations of PC 647(b)(1) [Receive Compensation for Prostitution], PC 647(b)(2) [Engage in Prostitution], and PC 647(b)(3) [Engage in Prostitution with a Minor]. This article is based on legal principles, case precedents, and effective defense strategies against California prostitution charges, including allegations of PC 647(b) & 647(b)(2). More information on any specific prostitution crime may be found at PC 647(B) [ Prostitution Crimes ] and PC 315 [ Keeping a House of Ill Repute ] Lack of Specific Intent: Prostitution crimes typically require proof of specific intent to engage in the act of prostitution. A defense strategy may challenge whether the defendant knowingly and willfully intended to engage in prostitution. The defense attorney does this by showing a lack of “overt act” that identifies the defendant’s intent. Note: The defendant is not required to show lack of intent to engage in prostitution. Rather, the district attorney is required to prove the defendant specifically intended to engage in an act of prostitution. To prove intent, the district attorney will be required to show that the defendant made an “over act” that proves his intent to engage in prostitution. The overt act is typically some act in furtherance of the defendant’s intent. Example: Billy calls an escort from a social media site that advertises escort services with pictures of women in lingerie. Unknowingly to Billy, the escort he called is an undercover police officer who poses as an escort as part of a sting operation to catch “Johns.” While on the phone with Mandy, Billy asks Mandy about the cost for a “blowjob” ( oral copulation ). Mandy tells Billy to bring $80 dollars and two condoms to her hotel room. Thereafter, Billy arrives at Mandy’s hotel room with $80 and two condoms. Billy is immediately arrested by undercover officers at Mandy’s hotel room, and he is subsequently charged with a violation of California Penal Code Section 647(B)(2) [ Agree to Engage in Prostitution ]. Note: In the above example, Billy’s intent to engage in prostitution is evidenced by his overt act of bringing $80 dollars and two condoms to Mandy’s hotel room. Without the over act, it would be difficult for the district attorney to prove that Billy intended to engage in prostitution (i.e., oral copulation for payment). Of course, where the defendant confesses to the crime of prostitution, then lack of specific intent, or lack of an overt act that identifies the defendant’s intent, is not a viable defense. In this situation, the defendant might rely on a coerced confession, or lack of Mirandized confession defense (See Below). Entrapment Defense: Entrapment occurs when law enforcement induces someone to commit a crime they would not have otherwise committed. If the defendant can demonstrate that they were coerced or induced by law enforcement into engaging in prostitution, this defense may apply. Example: Mandy, an undercover police officer, works as part of a police sting operation to catch “Johns.” Mandy, dressed in revealing clothing, flags down Billy while he drives to work. Billy pulls over to inquire why Mandy is waiving him. Thereafter, Mandy offers Billy a “car date.” Billy is reluctant, but Mandy is persistent until Billy acquiesces and agrees to a “car date.” (i.e., sexual services performed by prostitutes in a “John’s” vehicle. As soon as Billy agrees to a “car date” he is surrounded by police cars and arrested for agreeing to engage in prostitution ( PC 647(B)(2) ). Result: Mandy, probably entrapped Billy into agreeing to prostitution as Mandy’s conduct of flagging down unsuspecting driver’s, who are thereafter pressured to engage in sexual services, is promoting the crime of prostitution. Note: Entrapment is an “affirmative defense.” This means that the defendant can admit the act that led to the criminal charges (affirmation of the act), but nevertheless, be exonerated because of the police officer’s promotion of crime. Lack of Evidence: Like any criminal case, the prosecution must prove all elements of the offense beyond a reasonable doubt. A defense attorney may challenge the sufficiency of the evidence presented by the prosecution. For example, in the crime of solicitation of a minor for prostitution (PC 647(B)(3)), the district attorney must prove that the defendant knew, or reasonably should have known, that the prostitute was under the age of eighteen (18). If this “element” of the crime is not proved by the district attorney, then the criminal charge of PC 647(B)(3) must be dismissed, or at least reduced to the criminal charge of PC 647(B)(2) [ Agree to Engage in Prostitution with an Adult ]. Note: The elements to California prostitution crimes may be found at the following: Receive Payment for Prostitution (PC 647(B)(1)), Engage, Agree, or Solicit Prostitution (PC 647(B)(2)), Operate a House of Prostitution (PC 315). Also, the crime of Loitering for Prostitution (PC 653.22) is no longer a crime in California. To overturn, seal and destroy a prior conviction for loitering with intent to commit prostitution, see Petition to Seal & Destroy a PC 653.22 Conviction . Mistaken Identity: In cases where multiple individuals are involved or the circumstances are unclear, a defense of mistaken identity may be raised. This defense asserts that the defendant was not the person engaging in prostitution. Note: A related defense of Mistake of Fact might be available in a PC 647(B)(3) case [ Solicitation of a Minor for Prostitution ], where the defendant reasonably and honestly believes that the prostitute solicited is at least eighteen (18) years of age. This defense is not a complete defense as the defendant might still be charged with PC 647(b)(2) [ Solicitation of Prostitution ], but the penalties associated with PC 647(B)(3) are more severe than those related to PC 647(B)(2). Also, where the minor solicited is under the age of sixteen (16), the defendant could be charged with much more serious crimes, including PC 664/288(c) [ Attempted Lewd Act on a Child ], PC 647.6 [ Annoy or Molest a Minor ], PC 664/288(a) [ Attempted Lewd and Lascivious Act on a Child Less Than 14 ], and more, depending on the facts of the case. Coercion or Duress to Prostitute: If the defendant engaged in prostitution due to threats, coercion, or fear of harm, a defense of coercion or duress may be raised. This defense argues that the defendant acted under compulsion and against their own will. This defense applies to the prostitute defendant, where the prostitute defendant is charged with PC 647(B)(1) [Agree to Receive Payment for Prostitution]. However, if the person who threatens or coerces another person to act as a prostitute receives financial gain from the prostitute, then the criminal charges against the prostitute should be dismissed upon the filing of criminal charges against the person who receives financial gain from the prostitute (See Pimping Crimes , Pandering Crimes , & Human Sex Trafficking Crimes ). Note: Coercion or Duress defenses can also apply to the non-prostitute defendant. But this happens in the context of a coerced confession (See Undercover Police Misconduct & Violation of Constitutional Rights ) Lack of Exchange of Money or Goods: Prostitution laws typically require an exchange of money, goods, or something of value for sexual services. If there was no actual exchange or agreement on such terms, this defense may be viable. This defense relates to the Lack of Specific Intent & Lack of Overt Act Defense – See Above]. Undercover Police Misconduct: Allegations of misconduct by undercover police officers, such as entrapment or improper conduct during sting operations, can undermine the prosecution's case. This includes Entrapment (See Above at Entrapment Defense ), Coerced Confession, Lack of Proper Mirandizing, Illegal Search & Seizure of Evidence, and More. Violation of Constitutional Rights: Defense attorneys may challenge the legality of the arrest, search, or seizure that led to the prostitution charge, asserting violations of the defendant's constitutional rights. This defense related to Undercover Police Misconduct (See Above), but it also includes other procedural defenses like statute of limitations defense, coerced confession, ex post facto defense, & double jeopardy defense. For more information on these complex defenses to prostitution crimes, contact our sex crimes criminal defense lawyer today for a free consultation. Human Trafficking Victim Defense: If the defendant was a victim of human trafficking and was coerced or forced into engaging in prostitution, this defense may apply. California law provides protections for victims of human trafficking who are charged with prostitution offenses. Plea Negotiation: In some cases, negotiating a plea deal or diversion program may be a strategic defense option to mitigate charges and potential penalties. For example, a defendant might have his PC 647(B)(3) charges [ Solicitation of Minor for Prostitution ] reduced to PC 647(b)(2) charges [ Agree to Engage in Prostitution ] through a plea bargain with the district attorney. Judicial Diversion: In some cases, where the defendant is charged with solicitation of an adult for prostitution (PC 647(B)(2)), or where the prostitute is charged with receiving financial gain from his or her services as a prostitute (PC 647(B)(1)), the district attorney and/or the judge, might offer a judicial diversion program to the defendant. The judicial diversion program is a way to avoid criminal prosecution where the defendant is agreeable to enter a short probation-like sentence, in exchange for the criminal charges to be dismissed. Note: Judicial diversion is not likely to be offered in a solicitation of a minor for prostitution case ( PC 647(B)(3) ). In any event, the judicial diversion program is a request to be granted, if at all, by the court. It is not a right of the defendant and there are many limitations to the availability of a judicial diversion program. For more information, contact our California Sex Crimes Criminal Defense Lawyers for a free consultation. Each defense strategy should be tailored to the specific circumstances of the case and supported by appropriate evidence and legal arguments. For example, a defense to a PC 647(B)(1) charges [ Receive Payment for Prostitution Services ] is not a viable defense for a “John,” for obvious reasons. Consulting with a knowledgeable prostitution defense attorney, who is experienced in criminal defense and prostitution crimes in California is crucial to determining the most effective defense strategy for individual cases. It is also important that your criminal defense attorney is skilled in the defense of prostitution-related offense, which are commonly charged along with prostitution charges, such as indecent exposure ( PC 314 ) [usually charged against streetwalker prostitutes who expose themselves to undercover officers] and engage in public lewd act PC 647(a) [usually charged against both the prostitute and "John" when sexual activity occurs in public view, such as a parked car, in a public park, or in an alleyway] For more information on common defenses to prostitution crimes in California contact our sex crimes criminal defense attorneys today for a free consultation. Our award-winning criminal defense attorney, including winning criminal trial attorneys, have helped thousands of Inland Empire residents since 2009. Our success rate is second to none and our consultations are free and discreet. We defend all felony and misdemeanor sex crimes allegations, including lewd and lascivious act on a child under 14 ( PC 288(a) ) cases ( child molestation ), possession of child pornography ( PC 311 ), oral copulation ( PC 287 ), sodomy ( PC 286 ), sexual penetration crimes ( PC 289 ), sexual battery ( PC 243.4 ), statutory rape ( PC 261.5 ), rape crimes ( PC 261 ), & failure to register as a sex offender ( PC 290 ). Call today! 909-913-3138 Further Reading (2025) Massage Parlor Prostitution Defense Seal & Destroy PC 653.22 Conviction Human Trafficking Defense Defense to Pimping Crimes What is “Pandering for Prostitution?” Prostitution Versus Pornography Lewd and Lascivious Act on a Child PC 288(a) Law, Penalty & Defense Prostitution Defense Attorneys California

It is sometimes difficult to see the difference between prostitution and pornography. The best way to tell the difference between prostitution and pornography is to look at the definitions of both prostitution and pornography and then illustrate with some examples. Pornography Defined: Pornography is the study of making, producing, or engagement of pictures or videos of persons acting in sexual congress with themselves or others and depicted or produced for the purpose of sexual arousal of the viewer. Pornography is legal as long as certain conditions are met, including, The porn producer keeps accurate records of the porn actors (mostly for taxes, age verification, business records, and health and safety issues), The porn producer assures the porn actors act with voluntary consent to engage in sexual conduct, The porn producer does not allow minors under the age of 18 into the porn pictures or videos (i.e., no production or possession of child pornography ), The porn producer does not distribute the pornography to minors, and The porn producer focusing on the scientific, art, education, literary, or social value of the porn to the viewer. A few other requirements might be needed depending on the local laws of the state and city where porn is produced. The idea behind legal pornography is that the porn actors are “acting,” or simulating sexual arousal or sexual intercourse, for the benefit of furthering some value beyond mere sexual arousal itself. The fact that the porn actors who engage in sexual intercourse or masturbation for pictures or videos is secondary to the purpose of pornography (at least in theory). Also, the fact that the porn actors are paid is incidental to the production of porn. In other words, even though the porn actors might be paid to perform sexual acts for pictures or videos, and even though the porn actors might enjoy the sexual acts related to the making of pornography, these facts are incidental, or secondary, to the purpose of pornography, which is to make some value to the community or viewer (i.e., literary, social, scientific, education value, etc.). Of course, with today’s version of pornography distribution, it is difficult to see how anyone can derive any scientific, art, literary, education, or social value from most pornography. This is because modern pornography producers and companies depict scenes from the larger work, and the focus of the larger work displays mostly the sex scenes. For example, a porn movie today is often divided into many scenes where the viewer can advance to porn scene of choice. Because of the frequency of that scene in requests, that scene then becomes the dominant result for searches within the porn company’s catalog. As a result, short “clip” or scenes are viewed without context of the scene to the entire work. This means that the viewer will find almost no literary, scientific, educational, or social value within the short porn scene itself. Nevertheless, the entirety of the porn film might pass muster under the rules set forth to produce pornography. This circumstance helps to blur the lines and rules for the difference between prostitution and pornography. This is especially true when the producers or camera operators get involved in the porn scene or where private videos are uploaded to porn company catalogs. In any event, from the perspective of the viewer, the porn actors simply appear to be sexual arousal between two consenting adults for the purpose financial gain, which is exactly the definition of prostitution. Prostitution Defined: Prostitution is the solicitation of, engaging in, or agreement to perform, sex for money or other consideration (i.e., goods, services, food stamps, etc.). Prostitution is illegal in every state except Nevada, where some Nevada counties allow legal prostitution under certain conditions. Further definitions found at soliciting prostitution & keeping a house of prostitution . With prostitution, outside of certain areas of Nevada, there is no record keeping of the prostitute’s income or health records. Therefore, no taxes are paid by the prostitute, or the prostitute’s client (“John”), and the community may suffer more sexually transmitted diseases. Many people believe the former argument is the main reason why prostitution is not legal in most parts of the United States (can’t tax what is not known to the government). Prostitution also differs from pornography in that sexual arousal is the primary focus when a defendant engages a prostitute (as opposed to the sexual arousal as an incidental or secondary focus in the production of pornography). Keep in mind that is not the filming or taking of pictures that turns illegal prostitution into legal pornography. For example, John takes pictures of himself having sex with a prostitute is illegal, but John taking pictures of himself while having sex with a prostitute is legal if John’s purpose is to produce some literary, social, art, educational, or scientific value, and if John meets all the requirements for producing pornography. The fact that John has the same sexual enjoyment from taking picture of himself while having sex with a prostitute, regardless of whether he produces the porn legally, or the porn illegal with a prostitute, is not a consideration as to whether the production is legal. Of course, with both the production of pornography and the use of prostitutes, it is always illegal to engage a minor for such purposes. In fact, if the defendant engages with a minor regardless of whether it’s for producing pornography or engaging in prostitution, the defendant could face very serious criminal charges depending on the circumstances, including child molestation charges ( PC 288(a) ) Crimes), statutory rape charges ( PC 261.5 ), and more. For more information on these crimes, see Distribution of Child Pornography ( PC 311.1 ) & Solicitation of a Minor for Prostitution ( PC 647(b)(3) ). Examples: Example I: John engages a prostitute to make pornography for his film studio. The primary focus is to make simulated illegal massage parlor sex for literary and educational value. John legally sets up his porn company and follows all the rules. The prostitute “actor” performs the message parlor sex on videos: Result: This is probably legal pornography because the focus is on the literary value of the porn, and not on the sexual arousal of the prostitute or simulated massage parlor customer. Example II: John goes to a massage parlor for a “happy ending.” The prostitute and John reach an agreement for sexual services during the “massage." Result: This is likely illegal prostitution because the focus is on payment for sexual services and sexual arousal is the primary focus of John’s visit to the massage parlor prostitute. Example III: Vicky loves having sex, and she joins a porn production company to make pornography. Vicky’s primary purpose for making porn is that she wants to get paid for doing something she loves doing (sex). Result: Vicky is not engaging in prostitution even though she herself is having sex for money. This is because the focus of the porn videos in which she appears, are produced for a literary, social, educational, scientific, or art value (theoretically anyway). Example IV: Amber works for a porn studio. She has sex with the porn producer for the purpose of getting a raise and/or the privilege in starring in more porn movies, which she really loves. Result: Amber is engaging in prostitution because she has sex with the porn producer for the purpose of financial gain as the primary reason of her “bargain,” and because the sex occurs without proper business record keeping. Example V: Stuart is a Cameron for a porn company. Stuart has sex with all the porn actresses as part of his “payment” from porn studio. The studio incorporates the illicit sex acts and incorporates the scenes in its catalog under “Cameraman Joins.” Result: Stuart is engaging in illegal prostitution even though he works for the porn company because he has bargain for sexual intercourse for payment with the porn company. The porn company could also be liable for pandering ( PC 266i ) or pimping ( PC 266h ), or even human sex trafficking ( PC 236.1 ) depending on the circumstances, and the porn actresses could be charged with prostitution if they understand Stuart’s payment arrangement. Note: The boundaries between prostitution and pornography are especially blurred when the producer of pornography gets involves in the sex scenes. This is because the producer is the same person who is paying the performer and it appears to be a direct payment for personal sexual services even though it is under the guise of having some literary, scientific, art, social, or educational value to the viewer. Finally, regardless of whether a person is engaging in the production of legal pornography, that person may still be liable for crimes against unsuspecting participants. This can occur when the porn company creates videos of “stranger porn” and does not use actors to depict the stranger. For example, Pete is a producer of pornography in California. Pete decides to make porn scenes where a simulated prostitute, Patricia, approaches strangers on the street to coax the strangers into sexual intercourse on camera. To do this, Patricia approaches Paul in a public park while a porn Cameron man films circumstance. Patricia exposes her breast to Paul and invites him to have sex with her for free. Paul is underage. In the above example, both Peter and Patricia may be charged with engaging in lewd public conduct ( PC 647(a) ), indecent exposure ( PC 314 ), annoying or harassing a minor ( PC 647.6(a) ), contacting a minor for lewd act ( PC 288.3 ), arranging to meet a minor for lewd act ( PC 288.4 ), and solicitation to engage in a live sex act ( PC 311.6 ). For further reading on the difference between prostitution and pornography, please visit prostitution defense attorneys today, or see ( PC 647(b) ), possession of obscene matter depicting a minor ( PC 311.11 ), pandering crimes ( PC 266i ), engage in public lewd act ( PC 647(a) ), annoying or molesting a minor ( PC 647.6(a) ), contacting a minor to commit a lewd act ( PC 288.3 ), indecent exposure ( PC 314 ), statutory rape ( PC 261.5 ), arrange to meet a minor for lewd act ( PC 288.4 ), and engage in live sex scene ( PC 311.6 ). If you have been charged with any misdemeanor or felony sex crime in the Inland Empire, including the cites and courts of Redlands, Rancho Cucamonga, Riverside, Victorville, Ontario, Fontana, Rialto, Yucaipa, Banning, Hesperia, Upland, and more, contact our sex crimes criminal defense attorneys today for a free consultation. Call today! 909-913-3138 Related Topics (2025) PC 288(a) Lewd Act Crimes Engage in Live Lewd Conduct Sex Crimes Criminal Defense Oral Copulation Crimes Sodomy Crimes Sexual Assault Sexting with a Minor “Date Rape” Crimes Prostitution or Pornography: How to Tell the Difference. Sex Crimes Criminal Defense Lawyers Explain

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 (2025) 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