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According to California penal code 17(b), it is possible to reduce certain felony criminal charges to misdemeanor criminal charges. Per penal code 17(b), the reduction of a felony criminal charge to a misdemeanor criminal charge is possible both before, and even after, a defendant's criminal conviction. Note: This summary of CA 17(b) motions to reduce felony criminal charges to misdemeanor criminal charges focuses on the law, procedure, and defense considerations of 17(b) motions as they relate to California sex crimes criminal charges; however, 17(b) motions may also apply to non-sex crimes. For more information, contact our sex crimes criminal defense lawyers today for a free consultation. PC 17(b) Law & “Wobbler” Crimes First, the reduction of a felony criminal charge to a misdemeanor criminal charge is only possible in cases where the defendant is charged with, or convicted of, a “wobbler” offense. See List of Wobbler Sex Crimes . "Wobbler" Offense Defined: A “wobbler” offense is any criminal charge that is capable of being charged either as a misdemeanor, or alternatively, as a felony (i.e., the criminal charge is capable of oscillating, or “wobbling” between two classifications of crime). Example: The crime of oral copulation on a minor under the age of eighteen (18) [PC 287(b)(1)] may be charged either as a misdemeanor, or alternatively as a felony, depending on circumstances related to the case. Therefore, if the district attorney charges a felony violation of PC 287(b)(1), the defense may petitioner the court through a “17(b) motion” to have that felony charge reduced to a misdemeanor charge. Some CA sex crimes may only be charged as a misdemeanor, or alternatively, only as a felony (i.e., the crime is not a “wobbler” crime). Example: The crime of revenge porn (PC 647(j)(4) is only charged as a misdemeanor (no felony option); therefore, no 17(b) motion is available in a revenge porn case. Alternatively, the crime of lewd and lascivious act on a child under the age of fourteen (14) [PC 288(a)] may only be charged as a felony; therefore, no 17(b) motion is available to the defendant in a PC 288(a) case. Warning: A “wobbler” sex crime that is initially charged as a misdemeanor, may be increased to a felony charge. In other words, the reclassification of a “wobbler” offense can be decreased or increased (i.e. a felony charge can be decreased to a misdemeanor charge, or a misdemeanor charge can be increased to a felony charge). Note: The 17(b) motion only refers to the reduction of a criminal charge. Therefore, the 17(b) motion is only used by defense. When the district attorney increases criminal charges from a misdemeanor to a felony, the district attorney does so at his or her “prosecutorial discretion.” Example: David is charged with the crime of misdemeanor sexual battery (PC 243.4), a “wobbler” offense. After criminal prosecution begins, the district attorney decides to reclassify the crime as a felony with new evidence to support the reclassification. Result: David’s misdemeanor sexual battery charge is increased to a felony charge. 17(b) Motion Timing: A motion to reclassify a felony charge to a misdemeanor charge may be brought at any time in a criminal case (i.e., at the beginning of the criminal prosecution, or even after the defendant is convicted of the felony “wobbler” crime). However, most 17(b) motions will be argued by defense attorneys either immediately after the preliminary hearing stage of a criminal prosecution, or after a felony probation sentence is completed (i.e., post-conviction). With some sex crimes, a post-conviction reclassification of a felony conviction to a misdemeanor conviction is necessary if the defendant intends to have his or her criminal conviction expunged or pardoned, or where the defendant intends to have his or her sex offender registration period reduced or terminated ( PC 290.5 ). Automatic Reclassification of Crime Sometimes a “wobbler” sex crime is automatically reclassified after a criminal conviction (i.e., no need to petition the court for a 17(b) motion to reduce the felony conviction to a misdemeanor conviction. This occurs in criminal cases where the defendant is convicted of a felony sex crime, which qualifies as a “wobbler” offense, but the judge does not sentence the defendant to prison, county jail, or probation at sentencing, and the crime is one that is listed in penal code 1170(H) (PC 17(b)(1)). Example: David is convicted of felony indecent exposure inside an inhabited dwelling (PC 314.1), a “wobbler” offense that is listed in California PC 1170(H). David's conviction results in no prison, jail, or probation commitment as part of a plea bargain with the district attorney. Result: David’s felony indecent exposure conviction is automatically reduced to a misdemeanor indecent exposure conviction, at judgement (sentencing), and without David having to file a 17(b) motion to reduce the felony to a misdemeanor. Note: In the above example, If David's conviction for the crime of indecent exposure ( PC 314.1 ) resulted in a probation sentence, without a jail or prison commitment, then David's reclassification of his felony to a misdemeanor crime is not automatic , but David may still petition the court to have his felony reclassified as a misdemeanor via a 17(b) motion (PC 17(b)(3)). Sex Offender Registration Limitations A granted PC 17(b) Motion that successfully reduces a felony “wobbler” sex crime to a misdemeanor does not relieve the defendant of his or her duty to register as a sex offender pursuant to PC 290 (PC 17(e)). However, the amount of time that the defendant must register as a sex offender may be reduced after reclassification of a felony sex crime to a misdemeanor sex crime (very limited situations where tier 3 [lifetime registration] classification is not automatic). PC 17(b) Motion Eligible Sex Crimes: The following sex crimes are classified as “wobbler” sex offenses. Therefore, a felony violation of any of the below-listed sex crimes may be reduced to a misdemeanor violation upon successful 17(b) motion [Partial List]: PC 243.4 Sexual Battery PC 261.5 Unlawful Sexual Intercourse PC 261.5(d) Statutory Rape PC 266 Seduce Minor for Prostitution PC 286(b)(1) Sodomy of Minor PC 287(b)(1) Oral Copulation of Minor PC 288(c)(1) Lewd Act on Minor 14/15 PC 288.2(a)(1) Dist. Lewd Matter to Minor PC 288.4 Arrange to Meet Minor for Sex PC 289(h) Sexual Pen. by Object on Minor PC 311.11(a) Possession of Child Porn PC 311.11(c)(2) Sadomasochistic Child Porn PC 314.1 Indecent Exposure PC 647.6(b) Child Molestation in Dwelling Keep in mind that many of the above-listed “wobbler” offense resemble other non- “wobbler” offense that are not capable of felony-to-misdemeanor reduction. Example: The crime of sexual penetration by object against a minor who is seventeen (17) years of age is usually charged as a violation of penal code 289(h), a “wobbler” offense, but if the victim is alleged to have been threatened during the crime of sexual penetration (regardless of the victim’s age), then the crime is usually charged as a violation of penal code 289(g), a non-“wobbler” offense. Example II: The crime of sexual battery may be charged either a violation of penal code 243.4, which is a "wobbler" offense, or alternatively as a violation of penal code 243.4(e)(1) , a non-"wobbler" misdemeanor only offense. Per the above examples, it is very important to look at the exact sex crime and code section for which the defendant has been charged to determine if the crime is eligible for a 17(b) motion. Non-"Wobbler" Sex Crime List: The following list of common California sex crimes do not qualify for 17(b) motions because these crimes can only be charged, by law, either as a misdemeanor, or as a felony (i.e., these crimes do not "wobble" between classification of crime). PC 290 Kidnap to Commit Sex Offense (Felony) PC 220 Sexual Assault (Felony) PC 236.1 Human Sex Trafficking (Felony) PC 243.4(e)(1) Misdemeanor Sexual Battery (Misd.) PC 261(a) Rape by Force or Fear (Felony) PC 262 Spousal Rape [Aka PC 261(a)] (Felony) PC 264.1 Rape in Concert [Gang Rape] (Felony) PC 266(h) Pimping (Felony) PC 266(i) Pandering (Felony) PC 267 Abduct Minor for Prostitution (Felony) PC 269 Aggravated Sexual Abuse of Child (Felony) PC 285 Incest (Felony) PC 286.5 Sex with Animal (Misdemeanor) PC 288(a) Lewd Act on Child Under 14 (Felony) PC 288(b) Lewd Act on Child Under 14 w/Force (Fel.) PC 288(i) Lewd Act on a Child w/Injury (Felony) PC 288.5 Cont. Sexual Abuse of Child (Felony) PC 288.7 Lewd Act on Child Under 10 (Felony) PC 311.6 Engage in Obscene Conduct (Misd.) PC 315 Operate House of Prostitution (Misd.) PC 318 Capping for Brothel (Misdemeanor) PC 647(a) Lewd Act in Public (Misdemeanor) PC 647(b) Engage in Prostitution (Misdemeanor) PC 647(J)(1) Peek into Dressing Room (Misd.) PC 647(J)(2) Video Person in Undergarment (Misd.) PC 647(J)(4) Revenge Porn (Misdemeanor) PC 647.6(C) Child Molesting w/Prior (Felony) PC 664/261(a) Attempted Rape (Felony) 17(b) After Probation Completed If the defendant motions the court for relief under 17(b) after a criminal conviction (as opposed to during the criminal prosecution process), then the defendant will not qualify to have his felony sex crime reduced to a misdemeanor sex crime unless the defendant’s felony probation terms, if any, have been completed (PC 17(b)(3)). However, failure to fulfill a restitution order as a term of probation may not be the basis of denying the 17(b) application if the defendant was unable to afford the restitution and the judge exercises discretion in granting the motion (PC 17(f)). Example: David is convicted of felony possession of obscene material depicting a minor (PC 311.11), a “wobbler” offense. David is placed on probation and ordered to pay restitution as a term of his probation. David fulfills all probation terms other than the restitution term and he applies to have his felony PC 311.11 conviction reduced to a misdemeanor PC 311.11 conviction. Result: The judge may grant David’s PC 17(b) motion, so long as the judge uses its discretion in deciding whether to granting the motion. For more information on PC 17(b) motions to reduce a felony sex crime to a misdemeanor sex crime, or to contact a sex crimes criminal defense attorney in the Inland Empire, call our law firm today for a free consultation. Our award-winning sex crimes criminal defense lawyers, including winning trial lawyers, have handled hundreds of misdemeanor and felony sex crimes in San Bernardino, Riverside, Los Angeles, and Orange County. We have successfully defended against the toughest sex crimes criminal charges in California, including child molestation, sexual battery, lewd act on a minor, possession of child pornography, statutory rape , rape by force or fear, prostitution, indecent exposure, pimping, pandering, human sex trafficking, aggravated sexual assault of a child, sodomy, incest , and more. Call today! 909-9130-3138 Related Articles PC 288(a) Lewd Acts [Child Molestation] Mental Health Diversion for Sex Crimes Statute of Limitations for CA Sex Crimes PC 288.5(a)-F Law, Punishment & Defense PC 17(b) Reduce Felony to Misdemeanor in CA Sex Crimes. Sex Crimes Criminal Defense Lawyers

A felony probation sentence (as opposed to a prison sentence) is available after a conviction for some California felony sex crimes, including crimes of lewd act on a child under 14 (child molestation), oral copulation (oral sex), sodomy , sexual penetration with object , rape in concert (gang rape), and continuous sexual abuse of a child . The availability of a probation sentence after a felony sex crime conviction depends on the following: the exact felony sex crime for which the defendant is convicted, the presence of any alleged facts in the case that preclude a probation sentence, and whether or not the defendant is amenable to a probation sentence, and he or she agrees to the conditions of probation. Probation Ineligibility Cases: To start, some felony sex crimes are ineligible for a probation sentence regardless of the facts that support the criminal allegation and regardless of whether the defendant is willing to agree to any conditions of a probation sentence. These probation ineligible sex crimes include the most severe felony sex crimes, such as sexual penetration of a child under ten years of age ( PC 288.7 ), aggravated sexual assault of a child (PC 269), rape by force or fear (PC 261(a)(2)), pimping (PC 266(h)), oral copulation by force (PC 287(c)(2)), sodomy by force (PC 286(d)), and a few other very severe sex offenses. Factors that Preclude Felony Probation Sentence: When a felony sex crime is otherwise eligible for probation, certain facts that are alleged in the underlying case might make that felony sex crime ineligible for probation. Example:  David is charged with PC 288(a) [ Lewd Act Upon a Child Under 14 ]. David is also charged with the enhancement penalty of PC 1203.066(a)(8) “Substantial Sexual Conduct" [A factor listed in PC 1203.066 that makes criminal charges ineligible for a probation sentence] Result:  David would have been eligible for a felony probation sentence (as opposed to a prison sentence) on the PC 288(a) charge, but the issue of a probation sentence is moot because the PC 1203.066 penalty enhancement precludes the grant of a felony probation sentence in any PC 288(a) case. The factors of case that make an otherwise eligible-for-probation felony sex crime a non-eligible-for-probation felony sex crime are listed in CA penal code 1203.066. The PC 1203.066 factors include items such as whether the defendant used force to commit a sex crime (PC 1203.066(a)(1)), whether the defendant used a weapon to commit the sex crime (PC 1203.066(a)(4), whether the defendant committed “substantial sexual conduct” during a sex crime) (PC 1203.066(a)(8)), and more. [See PC 1203.066 for complete list of factors that preclude probation sentencing in CA sex crimes ]. Probation Conditions for Eligible Felony Sex Crimes: As discussed, some felony sex crimes are automatically ineligible for a felony probation sentence based on the egregiousness of the allegation itself (See Probation Ineligibility Cases above). Also, some felony sex crimes are eligible for a probation sentence, but some underlying factor in the case precludes felony probation sentencing (See Factors That Preclude Felony Probation Sentence above ). The remaining felony sex crimes are eligible for probation sentencing (as opposed to a state prison sentencing), so long as the court determines it is in the best interest for the defendant to be granted probation and he or she agrees to certain felony probation terms (See Below). Probation Eligible Sex Crimes: As stated, if the felony sex crime is not automatically rendered ineligible for a probation sentence due to the egregious nature of the allegation, or rendered ineligible for a probation sentence because of an underlying factor in the case that precludes a probation sentence, then the felony sex crime is eligible for a probation sentence (as opposed to a prison sentence). These probation eligible felony sex crimes include: PC 261.5 Statutory Rape PC 286 Sodomy Crimes [Most] PC 287 Oral Copulation Crimes [Most] PC 288 Lewd Act on Child Under 14 PC 288.5 Cont. Sex Abuse of Child PC 289 Sexual Pen. Crimes [Most] PC 285 Incest PC 311.11 Poss. of Child Porn PC 314 Indecent Exposure PC 243.4 Sexual Battery Note: All misdemeanor sex crimes are eligible for a misdemeanor probation sentence regardless of the exact felony for which the defendant is charged and regardless of the presence of any underlying factor in the case. PC 1203.097 Condition for Probation Sentence Some felony sex crimes are eligible for probation, but only if the defendant agrees to certain conditions of felony probation. Consider the following: Per PC 1203.097, ‘Notwithstanding any other law, before a probation sentence may be granted to any person convicted of a felony listed in PC 261 ( rape ), PC 264.1 ( rape in concert ), PC 286 ( sodomy ), PC 287 ( oral copulation ), PC 288 ( lewd and lascivious act on a child ), PC 288.5 ( cont. sexual abuse of a child ), or PC 289 ( sexual penetration by foreign object ),…, the court shall do all of the following: ‘Order the defendant evaluated for his or her suitability to a felony probation sentence…, or similar evaluation by the county probation department.’ (PC 1203.097(a)(1)) Conduct a hearing at the time of sentencing to determine if probation of the defendant would pose a threat to the victim…. (PC 1203.097(a)(2) Abbrev.) . Order any psychiatrist or psychologist appointed pursuant to Section 288.1 to include consideration of the threat to the victim and the defendant’s potential for positive response to treatment in making the report to the court. This section does not require the court to order an examination of the victim (PC 1203.097(a)(3)). The terms of felony probation for an offense that requires sex offender registration ( PC 290 registration ) ‘ …. shall successfully complete a sex offender management program, ... The length of the period in the program shall be not less than one year… (Abbrev.) Waive of any privilege against self-incrimination and participation in polygraph examinations, which shall be part of the sex offender management program, Waive of any psychotherapist-patient privilege to enable communication between the sex offender management professional and supervising probation officer. Example: David is charged with felony unlawful sexual intercourse (PC 261.5(c)). Unlawful sexual intercourse is not a crime covered in PC 1203.097, and the crime is not an offense for which sex offender registration is required. Therefore, David may receive a felony probation sentence after his PC 261.5(c) conviction without the additional probation condition requirements of PC 1203.097 (i.e., sex therapy classes, psychological evaluation, polygraph examination , etc.). Example II: If David was charged with PC 288.5 ( Continuous Sexual Abuse of a Child ), then David may only be granted a felony probation sentence if he agrees to the terms listed in PC 1203.097 (i.e., submits to polygraph examinations, attends sex therapy classes for at least a year, submit to psychological testing, etc.). Unusual or Special Circumstances: Some felony sex crimes are eligible for probation sentencing (as opposed to state prison sentencing), but only if the court finds that unusual or special circumstances apply to the case, such that probation sentencing serves the best interest of justice. Example: The crime of continuous sexual abuse of a child ( PC 288.5(a) ) is listed as a probation eligible crime under PC 1203.067, but the crime is also a crime which requires special circumstances that justify a probation sentence. therefore, a probation sentencing is available in a PC 288.5 case, but only if 1) the court determines that special circumstances apply to the case that justify a probation sentence, and 2) the defendant agrees to the probation conditions listed in PC 1203.067. Felony Probation Length: The length of probation after a felony conviction of a California sex offense is discussed at Probation & Parole for CA Sex Crimes . For more information on felony sex crimes probation eligibility after conviction (as opposed to a prison sentence), contact our highly experienced and successful sex crimes criminal defense lawyers today. We handle all felony and misdemeanor sex crimes defense in San Bernardino, Orange, Riverside, and Los Angeles Counties, including Lewd Acts (PC 288), Poss. of Child Porn (PC 311), Indecent Exposure ( PC 314 ), Sexual Battery ( PC 243.4 ), Prostitution ( PC 647(b) ), Pimping ( PC 266h ), Revenge Porn ( PC 647(J)(4)) , Oral Copulation (PC 287), Sexual Assault (PC 220) , Rape Crimes (PC 261 & 264.1), Pandering (PC 266i), Attempt Rape ( PC 664/261 ), & More. Our sex crimes criminal defense lawyers offer free and discreet consultations. Call now! 909-913-3138 Related Articles Probation Ineligible Sex Crimes Probation & Parole in CA Sex Offenses Penal Code 288(a) Law & Defense Penal Code 311.11 Law & Defense PC 1203.067 Probation Conditions for CA Felony Sex Crimes: PC 288, 287, 286, 261, 289, & 288.5

In California, the conviction of a felony sex crime may lead to a jail, prison, or probation sentence, depending on the specified sex offense for which the defendant is convicted, the fact that support the alleged sex offense, and the presence of any related penalty enhancements that are alleged to have occurred in connection with the specified sex crime conviction. For example, a conviction for lewd and lascivious act on a child under the age of fourteen ( PC 288(a)-F) ) is ordinarily eligible for a probation sentence, or a suspended prison sentence, unless the defendant is alleged to have personally used a firearm during commission of the offense (PC 1203.067), the defendant has a prior sex crime conviction (PC 1203.066) or some other fact that makes conviction ineligible for a probation sentence. Misdemeanor Sex Crimes: Most misdemeanor sex crime convictions are eligible for a misdemeanor probation sentence regardless of the circumstances of the alleged offense. However, some of these misdemeanor probation sentences for sex crimes convictions carry a minimum jail sentence as a condition of probation, but otherwise, the defendant may service a probation sentence (as opposed to a jail sentence). For example, a probation sentence after a conviction for the crime of prostitution ( PC 647(b) ) is allowed, but only if the judge orders a minimum amount of jail time as a condition of that probation sentence (i.e., 90 days for a third violation of PC 647(b)). PC 1203.066 & CA Sex Crimes Most, but not all, factors that make felony sex crimes ineligible for a probation sentence are listed at California penal code 1203.066. When the factors listed in PC 1203.066 are plead and proven by the district attorney, the defendant is not eligible for either a probation sentence, or a suspended prison sentence. Also, even if certain factors listed in PC 1203.066 are not plead and proven, the defendant may still be ineligible for a probation sentence if the underlying offense was supported by certain factors (See Below). These plea factors, and specific facts of a sex crime allegation, that make a defendant ineligible for probation after a felony sex crime include the following: A person who is convicted of violating Section 288 (lewd and lascivious act on a child) or PC 288.5 ( continuous sexual abuse of a child under fourteen ) when the act is committed by the use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person (PC 1203.066(a)(1)). A person who caused bodily injury on the child victim in committing a violation of Section 288 (lewd act on a child) or 288.5 (continuous sexual abuse of child) (PC 1203.066(a)(2)). A person who is convicted of a violation of Section 288 or penal Code 288.5 and who was a stranger to the child victim or befriended the child victim for the purpose of committing an act in violation of Section 288 or PC 288.5, unless the defendant honestly and reasonably believed the victim was 14 years of age or older (PC 1203.066(a)(3)). A person who used a weapon during the commission of a violation of PC 288(a) (Lewd Act on a Child Under 14) or 288.5 (Continuous Sexual Abuse of a Child) (PC 1203.066(a)(4) Abbrev.) A person who is convicted of committing a violation of PC 288 (child molestation) or PC 288.5 (continuous sexual abuse of a child under 14) and who has a prior conviction of PC 261 (Rape by Force or Fear), 264.1 (Rape in Concert), 266, 266c, 267, or 285 (Incest), 286 (Sodomy), 287 ( Oral Copulation ), 288, 288.5, or 289 (Sexual Penetration)… (PC 1203.066(a)(5) Abbrev.)). A person who violated penal code 288 or penal code 288.5 while kidnapping the child victim in violation of Section 207, 209 , or 209.5 (PC 1203.066(a)(6)). A person who is convicted of committing a violation of Section 288 (lewd act on a child) or 288.5 (continuous sexual abuse of a child) against more than one victim (PC 1203.066(a)(7)). A person who, in violating penal code 288 (Lewd Act on Child Less than 14) or penal code 288.5 (Continuous Sexual Abuse of Child), has substantial sexual conduct with a victim who is under 14 years of age (PC 1203.066(a)(8) Abbrev.). A person who, in violating penal code 288 (lewd act on a child) or 288.5 (continuous sexual abuse of a child), used obscene matter …, or matter depicting sexual conduct ( possession of child pornography ). (PC 1203.066(a)(9) Abbrev.) Substantial Sexual Conduct: “Substantial sexual conduct” means penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object, oral copulation , or masturbation of either the victim or the offender (PC 1203.066(b)) Factors not Plead or Proved (PC 1203.066(d) Abbrev.) Sometimes, a factor listed in PC 1203.066(a) is not plead or proved by the district attorney in a PC 288 or 288.5 case, but the defendant is nevertheless ineligible for a probation sentence unless certain conditions are met. Example: David is convicted of lewd and lascivious act on a child under 14 (PC 288(a)). The district attorney does not allege a factor listed in PC 1203.066(a) (See List Above). Therefore, David is eligible for a probation sentence unless David refuses to submit to sex therapy treatment as a condition of probation (PC 1203.066(d) & PC 1203.067). The following conditions of probation must be ordered as part of a probation sentence after a conviction for PC 288 or 288.5. This is true even if the district attorney has not alleged a factor in PC 1203.066(a) that would otherwise make a defendant ineligible for probation: If the defendant is a member of the victim’s household, the court finds that probation is in the best interest of the child victim The court finds that rehabilitation of the defendant is feasible and that the defendant is amenable to undergoing treatment, and the defendant is placed in a recognized treatment program designed to deal with child molestation immediately after the grant of probation or the suspension of execution or imposition of sentence. If the defendant is a member of the victim’s household, probation shall not be granted unless the defendant is removed from the household of the victim until the court determines that the best interests of the victim would be served by the defendant’s return…. If the defendant is not a member of the victim’s household, the court shall prohibit the defendant from being placed or residing within one-half mile of the child victim’s residence for the duration of the probation term unless the court, on the record, states its reasons for finding that this residency restriction would not serve the best interests of the victim. The court finds that there is no threat of physical harm to the victim if probation is granted. The court shall order the psychiatrist or psychologist who is appointed pursuant to penal code 288.1 … The court shall order the defendant to comply with all probation requirements, including the requirements to attend counseling, keep all program appointments, and pay program fees based upon ability to pay. Note: CA PC 1203.066(a)-(d) text is abbreviated and partially expanded in this article for clearer understanding and brevity. Finally, some sex crimes are considered so egregious, that a conviction for such a crime conclusively results in probation ineligibly for the defendant (PC 1203.065). For these felony sex crimes, the defendant is not eligible for a probation sentence after a conviction even if the district attorney has not pled and proved a factor listed in PC 1203.066(a) and even if the defendant would otherwise be amenable to the probation conditions listed in PC 1203.066(d) (See Above). The felony sex offenses that are not eligible for a probation sentence after a conviction under any circumstance include the following (Abbrev. List): Lewd Act on a Child under 10 (PC 288.7), Aggravated Sexual Assault of a Child (PC 269) Rape by Force or Fear (PC 261(a)(2)) Pimping (PC 266(h)) Oral Copulation by Force (PC 287(c)(2)) Sodomy by Force (286(d)) For more information on the defense to any CA sex crimes, including probation ineligible factors for California sex crimes convictions, contact our sex crimes criminal defense lawyers today for a free consultation. Our top-rated award-winning sex crimes criminal defense lawyers, including winning trial lawyers, have successfully handled hundreds of misdemeanor and felony crimes in California, including indecent exposure (PC 314), sexual battery (PC 243.4), child molestation (lewd acts), annoy or molest a minor (PC 647.6), prostitution (PC 647(b)), sodomy (PC 286), oral copulation (PC 287), human sex trafficking (PC 236.1), sexual assault (PC 220), statutory rape (PC 261.5), and more. Call today! 909-913-3138 Related Articles Revenge Porn Charges PC 288.2 Law & Defense PC 290 Law in California Statutory Rape Law & Defense PC 1203.066 Probation Ineligibility for CA Sex Crimes. Criminal Defense Lawyers