Sex Crimes

Joshua Webb has a history of aggressively and successfully handling sex crime charges in California. Mr. Webb vigorously protects the rights of his clients and while achieving the best possible results.

If you have been charged with sex crime, you need the assistance of an experienced and competent criminal defense lawyer with experience in defending and prosecuting sex crimes. You do not want to put your life in your hands with someone who has only handled a few of these cases. I have handled hundreds of these types of cases and no the problems that the government attorney faces. I will use that experience on your case. Contact me today for your free consultation. Mr. Webb will give you straight answers about your particular situation.

Sexual Battery

P.C. 243.4 - Sexual battery is defined as the touching of a person?s buttock, breast (woman), or penis/vagina without the person?s consent. If it is over the clothing it is usually a misdemeanor. If it is skin-to-skin contact it is usually charged as a felony. Child molestation will be charged if the victim is under 14 years old. In circumstances involving penetration, another more specific crime will be charged. Sexual Battery is charged when there is unwarranted touching without any sort of penetration.

Defense: Consent is always a defense to this crime. Where two people are engaging in consensual sexual touching, there is no crime. Additionally, many allegations of sexual battery are fabricated. They can be disproved in many ways.

Rape

P.C. 261/262 - Rape is defined as sexual intercourse without consent by force. P.C. 262 is rape of a spouse. By definition force is required in order for the government lawyer to prove a rape allegation. There are some exceptions, however: Where the victim is prevented from resisting because of being drunk/intoxicated or unconscious, the government attorney does not have to prove that the intercourse was forced; just that it was without consent.

Defense: Consent is always a defense to this crime. A person is not guilty if he or she actually and reasonable believed that the other person consented to the sex act. The prosecution has the burden of proving beyond a reasonable doubt that the defendant did not actually and reasonably believe that the other person consented. If the prosecution has not met this burden the jury must find you not guilty.

Defense: If the allegations are that the victim was too intoxicated or drunk or unconscious, the defendant is not guilty if he or she actually and reasonably believed that the other person was capable of consenting to the act, even if that belief was wrong. The prosecution has the burden of proving beyond a reasonable doubt that the defendant did not actually and reasonable believe that the other person was capable of consenting.

Forced Sex Crimes

P.C. 288a; 286; 289 -Forced oral copulation; sodomy; digital penetration - Any sex act that it performed without the other persons consent by force is a crime. Oral copulation, anal intercourse, and digital penetration of the vagina or anus by force are treated just like the crime of rape.

Defense: Consent is always a defense to this crime. A person is not guilty if he or she actually and reasonable believed that the other person consented to the sex act. The prosecution have the burden of proving beyond a reasonable doubt that the defendant did not actually and reasonably believe that the other person consented. If the prosecution has not met this burden the jury must find you not guilty.

Defense: If the allegations are that the victim was too intoxicated or drunk or unconscious, the defendant is not guilty if he or she actually and reasonably believed that the other person was capable of consenting to the act, even if that belief was wrong. The prosecution has the burden of proving beyond a reasonable doubt that the defendant did not actually and reasonable believe that the other person was capable of consenting.

Child Molestation

P.C. 288 & 288.5 - Child molestation is defined as lewd conduct with a person under 14 years old. "Lewd conduct" is any touching with the intent of arousing or gratifying the sexual desires of that person or the child. In plain English this means any touching of the breasts, buttocks, or vagina/penis of a child under 14 years old is child molestation. This can include touching over the clothing.

Substantial sexual conduct allegation - Where the sexual conduct is significant, sexual intercourse, oral copulation, sodomy, or digital penetration, the government attorney will add an allegation of substantial sexual conduct. This allegation eliminates the possibility of probation and increases the penalty significantly.

Where there is more than one victim the penalty is life imprisonment.

Continuous sexual abuse of a child (P.C. 288.5) is defined as 3 or more acts of child molestation over a period of more than three months by a person who resides in the home with the child or has recurring access to the child. The punishment for this crime is double than that for child molestation.

Defense: There are many defenses to allegations of child molestation. Too many times these allegations come up during divorce proceedings and are false. The McMartin syndrome is also present in some child molestation allegations. This situation occurs where law enforcement has put false ideas in the child's mind using leading questions and the children repeat what the officers what to hear. Additionally, some children are too young to know the truth from a lie and they repeat what they hear. They don't know that making false allegations is bad.

Child Annoyance

P.C. 647.6 - Child annoyance is defended as anyone who annoys or molests any child under 18 years old. This is a very vague crime. The law says that child annoyance is where a normal person would have been disturbed, offended or injured by the person's conduct and the persons conduct was motivated by an unnatural or abnormal sexual interest in the child. Since this crime can be a misdemeanor or a felony, it is sometimes used to reduce child molestation charge to a misdemeanor.

Defense - Good Faith Belief Over 18 - It is a defense to child annoyance that you had a reasonable belief that the person was 18 years old or older.

Statutory Rape

P.C. 261.5 - Statutory rape is defined as consensual sexual intercourse with a person who is 14-17 years old. I person who is over or under 18 years old can be charged with statutory rape. Technically two 17 year olds can be charged if they have sex with each other. The penalty is increased when the age difference is over three years. The penalty is increased even further when the age difference is over 10 years. Statutory rape can be charged as a misdemeanor or felony. The factors used to decide whether the case is a misdemeanor or a felony is the age difference between the two people, the actual sex act(s) involved, and whether the person charged was in a position of trust (such as a teacher, coach, or tutor). People convicted of statutory rape do not have to register as a sex offender.

Defense - Good Faith Belief Over 18 - It is a defense to statutory sex crimes that you had a reasonable belief that the person was 18 years old or older.

Date Rape

There is actually no crime called date rape. Any forcible sex act is a crime. The term date rape is used to define situations where the two people know each other. Date rape situations can occur where one party is too drunk or intoxicated to consent or is unconscious and does not consent to the sex act. All date rape situations are where the two people know each other.

Defense - Prior Consensual Sex - Evidence of prior consensual sex acts are admissible in trial to prove that the charged incident was also consensual.

Prostitution

P.C. 647(b) - Prostitution is defined as a person who agrees to engage in a sex act for money. Both parties, the prostitute and the customer are guilty of prostitution when they agree to engage in sex for money. Prostitution is a misdemeanor.

Defense: The prosecution has to prove that the intent was to engage in a sex act for money. If the parties intended to have sex without any money involved, then the crime cannot be proved.

Solicitation

P.C. 647(b) - Solicitation is defined as a person who requests that another person engage in an act of prostitution and that the person intended to engage in an act of prostitution with the other person. Solicitation is a misdemeanor.

Defense: Solicitation requires proof of specific intent to engage in an act of prostitution. It is difficult to prove specific intent to engage in prostitution. Additionally, the prosecution has to prove that the intent was to engage in exchange for money. If the parties intended to have sex without any money involved, then the crime cannot be proved.

Indecent Exposure

P.C. 314 - Indecent Exposureis defined as a person exposing his/her genitals and intended to direct attention to his /her genitals for the purpose of sexually arousing or gratifying himself/herself or another person or sexually offending another person while in the presence of another person.

Defenses: It is my experience that people can be wrongfully arrested for this offense where they are nude on a public beach. In order to be found guilty, however, the prosecutor has to prove that you were exposing your genitals for the purpose of sexual arousal

Child Porn

P.C. 311 - Child pornographyis defined as any visual depiction of actual or simulated sexual conduct by an individual under the age of 18 or lascivious exhibition of the pubic area of such an individual.

The punishment varies for child pornography crimes. Simple possession of child pornography can be charged as a misdemeanor or felony. Possession with the intent to distribute or distribution of child pornography is a felony and punished more severely.

Defenses: There are many defenses to possession of child pornography. The prosecution has to prove that you possessed the material. It can be difficult for the prosecution to prove possession where more than one person had access to the computer. For instance, if a work computer is found with child pornography it is difficult for the prosecution to prove who possessed the items where many people had access to the computer. Additionally, naked pictures of minors are not necessarily child pornography. The pictures have to depict sexual conduct. There are many First Amendment decisions that state that the photos have to lack any artistic or social value to be considered pornography.

Inciting a Minor

P.C. 288.2 - Inticing a minor is defined as a person sending harmful matter to a minor with the intent to sexually arouse or appeal to or gratify the sexual desires of himself/herself or the minor with the intent to seduce the minor

Failure to Register

P.C. 290 - Failure to register as a sex offender if you have been convicted of certain sex offenses you have to register every year within five days of your birthday, when you change residences within the county, and when you move out of the county.

If you are facing any of these very serious sex crimes, you need the assistance of an experienced criminal defense attorney who is compassionate about your situation and will work hard to defend you. Contact The Law Office Joshua Webb today and speak with him personally and confidentially about your situation.