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Sex Crimes

Los Angeles Sex Crime Defense Lawyer

Los Angeles Sex Crime Lawyer
When defending a sex crime charge, it's important to develop a legal defense strategy fitting the specific charges.

Sex crimes are frowned upon in our society. For the accused, sex crimes can carry irreparable injury to livelihood, including but not limited to jail or prison time, fines, probation, ruined reputation, and even lifetime sex offender registration. Additionally, only a handful of defenses are available to the accused.

For instance, being intoxicated is not a defense to rape, while consent might be. However, consent is not a defense to the charge of statutory rape because a minor cannot legally give consent.

Suppose you are the subject of a sexual crime investigation in California. In that case, you need to be aware of the possibility of a "pretext call," in which law enforcement records you in a phone conversation without your knowledge in an attempt to gain evidence against you.

Therefore, if you have been accused of a sexual-related criminal offense, call an experienced Los Angeles sex crime lawyer at our law firm to review all the details and discuss a defense strategy.

Developing a Solid Legal Strategy 

It is important to have a legal defense strategy that fits the specific case scenario when defending a sex crime charge.

Despite these complications, an expert Los Angeles sex crime attorney at Eisner Gorin LLP, having a great deal of experience in defending sex-related crimes, knows that a sex crime case can be very complicated to prove since, most often, prosecution case relies on “he/she said” testimony.

In other instances, some of the evidence may be unlawfully obtained, which would violate their constitutional rights. We can help you decide whether to accept a plea bargain in your case.

If necessary, we can help you with a bail reduction motion in California criminal cases. We understand the most common defenses in California criminal cases.

An experienced sex crime lawyer at our law firm knows how to suppress illegally obtained evidence by filing a slew of pertinent motions and arguing in front of the judge based on the applicable laws.

A California sex crime becomes a federal crime when it meets certain criteria, such as crossing state lines, involving federal property, such as occurring on federal property, such as a military base, national park, or federal building.

Our criminal defense specialist will develop unique strategies to prove your innocence or plead to a lesser charge. See related: California Serious and Violent Felony Offenses.

Focused Exclusively on Criminal Cases in Los Angeles

The top-rated Los Angeles sex crime defense attorneys at Eisner Gorin LLP have exclusively focused on criminal cases for decades and have over 60 years of combined courtroom experience.

Our defense lawyers have repeatedly been recognized as a Preeminent Law Firm by Martindale-Hubbell, a lawyers' review company. This ranking places us in the top 5 percent of all U.S. law firms. See our related blog, Common California Internet Sex Crimes.

There are pros and cons of a plea deal for sex crime charges in California, which are a potentially life-altering experience.

Being Labeled as a Sex Offender in Los Angeles

California sex crimes are codified under Title 9 of the California Penal Code entitled Crimes Against the Person Involving Sexual Assault and Crimes Against Public Decency and Good Morals. Accordingly, sex crimes are also known as crimes of moral turpitude.

If convicted under Title 9 of the Penal Code and, hence, branded as a “sex offender” in our society, it would carry dire and often irreversible consequences.

Although frequently, a Los Angeles sex crime attorney at our law firm hears that even if the defendant is found to be innocent and his conviction overturned some years later on an appeal due to some newly recovered evidence, their life and reputation have already been irreversibly ruined.

Defendants, who are termed sex offenders in our society, lose their families and jobs and do not have many future opportunities. There is a three-tier sex offender registration system in California.

There are several special considerations involving lewd acts with a minor under 14 defined under California Penal Code 288(a) PC. See related: What Defines a Crime of “Moral Turpitude” Under California Law?

Common California Sex Crime Charges

Rape - California Penal Code 261

Rape is a serious felony sex crime offense. Anyone facing a rape case should contact a Los Angeles sex crime lawyer at our law firm immediately. 

It's the crime of sexual intercourse with another individual who did not freely consent to the intercourse. This lack of consent can occur in a few different types of circumstances.

  • The first circumstance occurs when the other person is incapable of giving consent due to a disability, whether physical or mental
  • The second circumstance occurs when force or violence is used against the individual or the individual is somehow placed in a state of duress or fear
  • The third circumstance occurs when the other person is incapable of giving consent due to being under the influence of alcohol, drugs, or an anesthetic substance, and this was known or reasonably should have been known
  • The fourth circumstance occurs when the other person is unconscious, and this fact is known

The prosecution needs to be able to prove every one of these sex crime elements of the criminal offense beyond a reasonable doubt for you to be convicted at trial.

The law requires the jury to find a not-guilty verdict if the prosecution cannot prove even one element beyond a reasonable doubt.

For this reason, understanding all of the elements of an offense by a Los Angeles sex crime attorney is critical to preparing a legal defense strategy for your case.

For the sex crime of rape in Los Angeles, the elements are:

  • (1) You engaged in sexual intercourse with a woman
  • (2) The woman was not your wife at the time of the intercourse
  • (3) The woman “did not consent” to the intercourse

To consent, a woman must act freely and voluntarily and know the nature of the act. A woman who initially consents to an act of intercourse may change her mind during the act.

If she does so, under the law, the act of intercourse is then committed without her consent if a) she either communicated through words or acts to the defendant that she no longer consented to the act of intercourse or a reasonable person would have understood that her words or acts expressed her lack of consent; and b) the defendant forcibly continued the act of intercourse despite her objection.

Your Los Angeles sex crime defense attorney can provide important information on this issue. See related: Great Bodily Injury Sentencing Enhancement - California Penal Code Section 12022.7.

It is important to be aware that there are other types of sex crime of rape beyond those described above, including statutory rape, spousal rape, as well as other forcible or deceitful sexual acts that do not involve sexual intercourse.

Being convicted of rape can result in a State prison sentence of three, six, or eight years. See related information: California's 10-20-Life Gun Sentencing Enhancement. Anyone under investigation for rape should consult with a Los Angeles sex crime lawyer at our office immediately.

The consequences of a false accusation of rape can be catastrophic for the accused, even in cases where the charges are ultimately dropped. 

Sexual Battery - California Penal Code 243.4

For the crime of sexual battery in Los Angeles County, the elements are:

  • (1) You touched an intimate part of someone else: AND
  • (2) You did so against the will of the other person; AND
  • (3) You did so with the specific intent of sexual arousal, gratification, or abuse

There are several variations of sexual battery: sexual battery involving unlawful restraint, sexual battery involving a disabled or mentally incapacitated person, and sexual battery under the guise of a professional purpose.

Sexual battery also includes causing an unlawfully restrained person or a disabled or mentally incapacitated to masturbate or touch their own or someone else's intimate parts. With each of these variations, the prosecution must prove an additional sex crime element beyond a reasonable doubt.

Sexual battery can be charged as a misdemeanor or felony (what is known as a “wobbler”), depending on the circumstances of the offense.

Suppose you are convicted of misdemeanor sexual battery. In that case, you can be sentenced to up to six months in county jail or, if special circumstances apply, up to a year in county jail and be ordered to pay a substantial fine.

If you are convicted of felony sexual batter, you can be sentenced to up to four years in State prison and ordered to pay a substantial fine. A conviction of sexual battery also has the consequence of mandatory sex offender registration for life.

The facts of the case and the prosecution's evidence must be carefully analyzed for any factual inconsistencies as to what happened or who committed the offense.

An experienced Los Angeles sex crime attorney at our law firm can argue the act was consensual in some circumstances or that the specific intent of sexual gratification, abuse, or arousal was not present. See related information: Reduce a Felony Conviction to Misdemeanor.

Indecent Exposure - California Penal Code 314

To violate the indecent exposure law in California, the elements are:

  • (1) You voluntarily revealed your private parts in a setting where others who might feel offended or annoyed would see them; AND
  • (2) Your purpose in committing the act was EITHER:
  • (a) To satisfy your sexual desire; OR
  • (b) To offend people around you

If you are charged with FELONY indecent exposure sex crime case, the additional element is:

  • (3) You EITHER: (a) Have a prior conviction for indecent exposure; OR
  • (b) Have a prior conviction under California Penal Code section 288; OR
  • (c) Entered a residence without consent to commit the offense

A common case of indecent exposure occurs when a person goes to a public setting, such as a park, and intentionally exposes their genitals in front of people.

In this example, the person would be charged with a misdemeanor unless they had a prior conviction. If, on the other hand, the person went deep into the woods to urinate but was seen by someone, it would not qualify as indecent exposure since the exposed genitals were not to satisfy a sexual desire or offend anyone.

Another example of a sex crime case occurs when a person enters someone's home without their permission and intentionally reveals their genitals.

In this example, the person would be charged with a felony. Indecent exposure can also be charged against someone who is taking part in a live art installation that involves exposure of a person's genitals in an offensive or lewd manner.

The penalty for indecent exposure depends on whether you are convicted of a misdemeanor or a felony. If you are convicted of a misdemeanor, you can be sentenced to up to six months in jail and be ordered to pay a fine.

Additionally, a conviction of indecent exposure automatically requires that you be listed as a sex offender for life.

A Los Angeles sex crime attorney can use several possible legal defenses to indecent exposure, and different ones can be used depending on the circumstances of your case.

Our defense attorneys can argue that you did not commit the act that is being alleged, or we can argue that you did not have the intent that is required under the law, such as the intent to satisfy a sexual desire or the intent to offend people.

Failure to Register as a Sex Offender - California Penal Code 290(b)

People who have been convicted of certain sex crimes are required to register as sex offenders for life.

All of those convicted of a sexual-related crime offense, including offenses such as rape, possession of child pornography, and lewd or lascivious acts with a child, are automatically ordered to register.

For offenses not listed, the Court has discretion to order registration if the Court determines that the sex crime offense was motivated by a sexual desire.

Persons who are required to register as sex offenders must notify law enforcement any time they move to a new address, and they must register annually within five days of their birthday. Transients (persons without a permanent address) must re-register with law enforcement every 30 days.

For the crime of failure to register as a sex offender in Los Angeles, the elements are:

  • (1) You have a previous conviction for which you were required to register as a sex offender; AND
  • (2) You were living in California; AND
  • (3) You were aware of your obligation to register with law enforcement as a sex offender; AND
  • (4) You willfully failed to comply with your sex offender registration obligations

A sex crime offense under this section could occur if you were convicted of rape and, because rape is listed in Penal Code 290, you were required to register as a sex offender.

Even if you complied with your sex offender registration obligations for your first fifteen years on the list, if the following year you fail to report within five days of your birthday or when moving to a new address, you can be charged under this section.

If the sex crime that you were initially convicted for and that required your sex offender registration were a misdemeanor, then a conviction for a failure to register as a sex offender would also be a misdemeanor with a maximum penalty of one year in County jail.

If the offense that you were initially convicted for and that required your sex offender registration was a felony, the conviction for failure to register as a sex offender would also be a felony with a maximum penalty of three years in State prison. 

If probation is granted on your conviction for failure to register as a sex offender, you are still required to complete a sentence of 90 days County jail. 

The primary legal defense used by experienced Los Angeles sex crime lawyers to a failure to register charge is that you were not aware of, or did not understand, your duty to register. It is not a defense to this offense that you “forgot” to fulfill your registration duty. People can now petition the court for removal from sex registry.

Tier 3 represents the most serious sex offenders and has the most stringent requirements, including remaining on the registry for life. Violating these rules can lead to even more severe penalties in addition to those imposed for the sex crime itself.

Prostitution - California Health and Safety Code 647(b)

Prostitution is a sex crime offense in Los Angeles and is defined as the exchange of money or other consideration for any lewd act.

A lewd act is defined as any bodily touching of either the prostitute or customer's genitals, buttocks, or female breasts to satisfy a sexual desire.

For the crime of prostitution, the elements are:

  1. (1) You either offered or accepted an offer to engage in an act of prostitution; AND
  2. (2) You had the specific intent to partake in that act of prostitution; AND
  3. (3) You performed some action beyond just agreeing to engage in that act of prostitution

A typical prostitution sex crime case involves a person driving on the street, pulling over after seeing a prostitute, asking the prostitute about how much she charges for her services, and then following her to a motel room. It is not uncommon for these prostitutes to be undercover officers.

Prostitution is a misdemeanor sex crime that has a maximum penalty of six months in jail and significant fines. If you have been previously convicted of prostitution, there is a minimum penalty of 45 days in County jail.

If you have two prior convictions of prostitution, there is a minimum penalty of 90 days in County jail.

Further, if the act of prostitution occurred in a vehicle and within 1,000 feet of a residence, the Court has the power to suspend your license for up to 30 days.

A conviction of prostitution will not automatically require you to register as a sex offender. However, it is within the Court's discretion to order you to register.

There are several ways of attacking a prostitution charge by an experienced Los Angeles sex crime lawyer. The attorney can argue that you did not ever agree to engage in an act of prostitution.

It can be argued by a defense lawyer that, even though you agreed, you did not take any steps toward engaging in the act.

Also, in the case of undercover officers, the attorney can argue entrapment, meaning that you would not have otherwise committed the offense had you not been pressured into it by the undercover officer.

Solicitation of Prostitution - California Health and Safety Code 647(b)

Solicitation of Prostitution is generally asking someone to commit an act of prostitution. Prostitution and solicitation laws in California are defined as the exchange of money or other consideration for any lewd act.

A lewd act is defined as any bodily touching of either the prostitute or customer's genitals, buttocks, or female breasts to satisfy a sexual desire.

For the sex crime of prostitution in Los Angeles, the elements are:

  • (1) You asked another person to commit an act of prostitution; AND
  • (2) You intended to engage in the act of prostitution with that person; AND
  • (3) The other person received your request

A typical sex crime case of solicitation of prostitution involves a person driving on the street, pulling over after seeing a prostitute, and offering money in exchange for a sexual act.

Solicitation of prostitution is a misdemeanor sex crime case that has a maximum penalty of six months in jail and significant fines.

If you have been previously convicted of a prostitution offense, there is a minimum penalty of 45 days in County jail.

If you have two prior convictions of prostitution offenses, there is a minimum penalty of 90 days in County jail.

There are several ways of attacking a solicitation of prostitution charge by a Los Angeles sex crime lawyer. The attorney can argue that you did not intend to engage in the act of prostitution.

The lawyer can also argue that the other person never received your request. Additionally, a criminal defense attorney can say entrapment in a case involving undercover officers, meaning that you would not have otherwise committed the offense had you not been pressured into it by the undercover officer.

Lewd Conduct - California Penal Code 647(a)

There are two types of lewd conduct: Soliciting Lewd Conduct and Engaging in Lewd Conduct.

For the Los Angeles sex crime of Engaging in Lewd Conduct, the elements are:

  • (1) You committed some act that included the touching of your private parts or the private parts of someone else; AND
  • (2) This act took place in a public setting where it was visible; AND
  • (3) The motivation for the conduct was sexual gratification or to cause offense

For the sex crime case of Solicitation of Lewd Conduct, the elements are:

  • (1) You asked someone else in public to commit an act that included the touching of private parts; AND
  • (2) You intended for that person to commit this act in public; AND
  • (3) At the time of the solicitation, you knew or reasonably should have known that someone might be present who might be offended; AND
  • (4) The motivation for the conduct was sexual gratification or to cause offense

One example of engaging in lewd conduct in Los Angeles County would be a person who takes off his clothes and begins masturbating in a public park.

Another example would be two people having sexual intercourse in a public park. An example of soliciting lewd conduct would be a person who goes up to someone in a park and asks that person to begin masturbating.

Lewd conduct is a misdemeanor sex crime offense that carries a maximum penalty of up to six months in county jail and a fine.

Although the law does not require you to register as a sex offender if you are convicted of this offense, the Court can still order you to do so if it finds that you committed the offense out of sexual compulsion or for sexual gratification. 

California Penal Code Section 288(b)(2) defines the crime of lewd acts by a caretaker upon a dependent adult.

The facts of the case and the prosecution's evidence must be carefully analyzed for any factual inconsistencies as to what happened or who committed the offense.

A Los Angeles sex crime attorney can offer evidence to demonstrate that the purpose of the conduct was neither sexual nor to offend.

Statutory Rape - California Penal Code 261.5

For the sex crime of statutory rape in Los Angeles County, the elements are:

  • (1) You engaged in sexual intercourse with a person; AND
  • (2) That person was under the age of 18; AND
  • (3) You and that person are not married

It is important to note a couple of things. First, someone under the age of 18 can be charged with the sex crime of statutory rape if they have sexual intercourse with someone else who is under the age of 18.

Secondly, consent is not a defense to this sex crime case. Any intercourse with a person under the age of 18 qualifies as statutory rape under the statute.

The legal consequences of statutory rape cases depend upon the circumstances of the sex crime offense.

If the circumstances involve having sexual intercourse with a minor who is less than three years younger than you, then the sex offense is always a misdemeanor, which can be punished by up to a year in county jail and a fine.

If you are more than three years older than the minor, the sex crime offense can be charged as a misdemeanor or felony.

If it is a misdemeanor, you can be punished with up to a year in county jail and a fine; if it is a felony sex crime, you can be punished with up to three years in county jail or possibly State prison.

If you are over 21 years old and the minor is under 16 years old, the offense can be charged as a misdemeanor or felony (a “wobbler”); if a misdemeanor, you can be sentenced up to a year in county jail; if a felony, you can be sentenced up to four years in county jail or possibly State prison and a fine.

Although a sex crime conviction of statutory rape does not automatically require you to register as a sex offender for life, the Court may still order you to do so.

The facts of the case and the prosecution's evidence need to be carefully analyzed by a Los Angeles sex crime lawyer for any factual inconsistencies as to what happened or who committed the offense.

Moreover, a reasonable belief that the Minor was over 18 can also be a defense. Simply put, a mistake of age defense to a statutory rape charge can be used if you reasonably believed the victim was above the age of consent. In the state of California, consent laws are a foundational element in determining the legality of sexual activities.

Possession of Child Pornography - California Penal Code 311.11(a)

Possession of child pornography is a felony sex crime case in Los Angeles County, although a person can be sentenced to county jail instead of state prison.

To be found guilty of this sex crime offense, the prosecution must prove at trial the following elements beyond a reasonable doubt:

  • (1) The person possessed the child pornography
  • (2) the person knew the images/videos showed an underage minor engaging in sexual conduct

Possession of child pornography with intent to distribute, or actual distribution, is a "wobbler," meaning it can be charged as a misdemeanor or felony sex crime charge.

A similar statute, possession of child pornography with intent to distribute, or actual distribution, to "a person 18 years of age or older," can be charged as a misdemeanor or felony sex crime.

Possession of child pornography with intent to distribute, or actual distribution, to a person under 18 years of age is a straight felony sex crime. Possession of child pornography with intent to distribute for commercial purposes is also a straight felony sex crime. 

In these sexually related criminal cases, the prosecution would also have to prove beyond a reasonable doubt the additional distribution element.

See related federal sex crime pages: Sexual Exploitation of Children and Selling or Buying of Children.

A conviction of these sex offenses will also require a person to register as a sex offender for the remainder of their life.

Anyone accused of any type of child pornography case, including possession, production, distribution, or sale of child pornography, should immediately consult with a Los Angeles sex crime attorney at our law firm.

Our law firm is highly experienced in child pornography defense in California State and Federal Courts.

See related: Sex or Pornography Addiction as Mitigating Sentencing Factor

See Related: 9th Circuit finds no good faith exception justifying warrant examination of contraband images.

See Related: Is AI-Generated Child Porn a Crime?

Child Molestation or Annoyance - California Penal Code 647.6

For the sex crime of child molestation in Los Angeles County, the elements of offense are:

  • (1) You engaged in conduct with a child who was less than eighteen years of age at the time of the offense; AND
  • (2) The conduct would be typically considered irritating, annoying, harmful, or offensive; AND
  • (3) The motivation for the conduct was an abnormal sexual interest in the victim

The typical sex crime case of child molestation involves a person touching the private parts of a child. However, it is not always the case that there has to be physical contact.

Lewd comments directed at a child could, for example, qualify. It is also not always the case that the child feels offended. All that is required is that the conduct would typically be considered offensive.

Annoying or Molesting a Child is a misdemeanor sex crime charge that carries a maximum penalty of up to one year in county jail, up to a $5,000 fine, or both.

The sex offense can become a felony, however, if the offense occurred after entering a residence without consent or if you have been convicted of certain prior offenses.

A conviction of this sex crime offense also results in having to register as a sex offender for life.

The facts of the case and the prosecution's evidence need to be carefully analyzed by an expert Los Angeles sex crime attorney for any factual inconsistencies as to what happened or who committed the sex offense.

As many of the alleged victims in these cases are young children, their statements are often not as dependable, and they are more prone to being manipulated by law enforcement, prosecutors, or someone else they trust.

Additionally, as the prosecution is required to prove that the conduct was done with a sexual interest, the defense lawyer needs to gather evidence demonstrating that whatever occurred did not occur as a result of a sexual motivation.

Call a Los Angeles Sex Crime Lawyer

The Los Angeles sex crime attorneys at Eisner Gorin LLP are made up of former Los Angeles senior prosecutors who have tried and litigated countless sex crime cases, offenses committed in a chat room and sexting. As aggressive criminal defense lawyers in and out of court, we have a track record of success.

Our lawyers frequently get involved and pursue legal action on our client's behalf before criminal charges are filed. This allows us to conduct our investigation with our on-site private investigator. Are you the victim of police misconduct? See related information: California Pitchess motion.

Our criminal lawyers and paralegals speak Spanish, Russian, and Armenian. Call our attorneys now, 24/7, to discuss the specific details of your case.

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