Sexual Offenses
Sexual offenses are among the most serious charges facing any criminal defendant. In addition to possible lengthy prison sentences, defendants face lifetime registration as a sex offender and internet publication of that status.
Common California sexual offenses cases handled by our Orange County law offices include:
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Few Orange County criminal defense attorneys are properly trained in handling sexual offense cases. Ms. Sena has not only handled many of the most difficult sexual abuse cases in Orange County, she has obtained nearly impossible results. Specifically, she has represented clients charged with child molestation, lewd conduct, indecent exposure, rape, statutory rape, solicitation, prostitution, sexual batteries, possession of child pornography, and failure to register as a sex offender. She has had many clients found “not guilty” at trial on these charges and had the District Attorney’s office dismiss charges once more facts came to light.
Significantly, in 2009, Ms. Sena was able to obtain a Certificate of Rehabilitation for a registered sex offender- something that has only been done a few times in the history of Orange County courts.
If you are being accused of a sexual offense, you should obtain a competent criminal defense attorney IMMEDIATELY.
DO NOT TRY TO TALK TO YOUR ACCUSER! Often times, an accuser will contact a defendant saying that she is seeking “closure” or “understanding”, only to coax the defendant into making incriminating statements while the phone call is recorded by the police.
If you are accused of a sexual offense, contact or call Orange County Criminal Defense Lawyer Staycie R. Sena for a free consultation now - (949) 477-8088!
Sex Crime Laws
California Penal Code section 290.018 Failure to Register as a Sex Offender:
(a) Any person who is required to register under the Act based on a misdemeanor conviction or juvenile adjudication who willfully violates any requirement of the Act is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding one year.
California Penal Code section 261.5 Statutory Rape:
(a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age.
(b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.
California Penal Code section 261(a)(2) Rape:
Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances:
(1) Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent.
(2) Where it is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.
(3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.
California Penal Code section 266h(a) Pimping:
Except as provided in subdivision (b), any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of the person's prostitution, or from money loaned or advanced to or charged against that person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or who solicits or receives compensation for soliciting for the person, is guilty of pimping, a felony, and shall be punishable by imprisonment in the state prison for three, four, or six years.
California Penal Code section 266i(a) Pandering:
Except as provided in subdivision (b), any person who does any of the following is guilty of pandering, a felony, and shall be punishable by imprisonment in the state prison for three, four, or six years:
(1) Procures another person for the purpose of prostitution.
(2) By promises, threats, violence, or by any device or scheme, causes, induces, persuades or encourages another person to become a prostitute.
California Penal Code section 647(b) Prostitution:
Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:
(b) Who solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, "prostitution" includes any lewd act between persons for money or other consideration.
California Penal Code section 288(a) Lewd act on a child < 14:
Any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.
California Penal Code section 288(b) Lewd act on a child < 14 by force:
Any person who commits an act described in subdivision (a) by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.
California Penal Code section 288a(b)(1) Oral copulation with a person < 18:
(a) Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another person.
(b) (1) Except as provided in Section 288, any person who participates in an act of oral copulation with another person who is under 18 years of age shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year.
California Penal Code section 288a Oral copulation by force:
(c) (1) Any person who participates in an act of oral copulation with another person who is under 14 years of age and more than 10 years younger than he or she shall be punished by imprisonment in the state prison for three, six, or eight years.
(2) Any person who commits an act of oral copulation when the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for three, six, or eight years.
California Penal Code section 289 Sexual penetration:
Any person who commits an act of sexual penetration when the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for three, six, or eight years.
California Penal Code section 311.11(a) Possession of child pornography:
Every person who knowingly possesses or controls any matter, representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip, the production of which involves the use of a person under the age of 18 years, knowing that the matter depicts a person under the age of 18 years personally engaging in or simulating sexual conduct, as defined in subdivision (d) of Section 311.4, is guilty of a felony and shall be punished by imprisonment in the state prison, or a county jail for up to one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both the fine and imprisonment.
California Penal Code section 314 Indecent exposure:
Every person who willfully and lewdly, either:
Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.
California Penal Code section 647(a) Lewd Conduct:
Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.
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| The Law Offices of Staycie R. Sena |
|
| The Atrium Building | |
| 19200 Von Karman Ave. | |
| Suite 400 | |
| Irvine, CA | |
| 92612 | |
| Tel: | (949) 477-8088 |
| Fax: | (949) 477-8089 |
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