Sex offenses are vigilantly prosecuted by the District Attorney?s Office. If convicted of a sex crime, not only does an individual have to serve an extraordinary high sentence term, but he/she must also register with the local police agency for the rest of his/her life. Registered sex offenders may not live near school zones and cannot qualify to work in certain industries.
With the aide of the victim, the police place a covert (clandestine) call to the person who is being investigated. It will start with the victim saying: ?You know, you really didn?t have to do that. You didn?t have to touch me there. You know, you practically raped me.? A defendant sealed his only fate when he responded that he was sorry and that he should not have done that. Little did he know that this conversation was being recorded by police officers on the other end of the line.
Higher prison sentences are sought when the victim of a sex act is less than 14 years of age [Violation of Penal Code Section 288(a)]. Touching someone in a sexual manner who is under 14 years of age is punishable by anywhere from 3 to 8 years in state prison.
If other acts are involved (ie: Oral Copulation, Penal Code Section 288a(b)(1); Where the Defendant is 10 years or older than the victim, Penal Code Section 288(c)(1); when oral copulation occurred where the Defendant was 10 years or older than the victim, Penal Code Violation Section 288a(c)(1); Penetration by a foreign object, Penal Code Section 289), the punishment for the offenses could be stacked and the punishment is significantly enhanced by anywhere from three to eight years for each violation.
Unlawful Intercourse with a Minor is also punishable up to three years in state prison. This occurs when an adult has consensual intercourse with a minor under 18 years of age. This is a strict liability crime. As long as the Defendant was aware of the actual age of the minor, he will be criminally liable for violation of Penal Code Section 261.5. Mr. Nosratabadi recently prevailed in two separate matters where the defendants were alleged to have known the actual age of the minors they had intercourse with. Both cases were dismissed. Another defendant who had already made statements to the police implicating himself received no jail time at all.
Violation of Penal Code Section 261 is one of the most, if not the most fact-sensitive of all cases. Penal Code Section 261 defines rape as sexual intercourse against the will or without the consent of another. He said, she said may turn a night of passion into date rape. This offense is punishable by up to eight years in state prison.
Other crimes like Sexual Assault and Abuse, Child Molestation CPC 288, CPC 289, Computer Sex Crimes and Child Pornography CPC 311.1, and Public Sexual Indecency and Lewd Acts CPC 314 are also punishable by high terms in state prison and also require registration.