Blog

We get a lot of calls from people asking whether or not they can have consensual sex or engage in some sort of physical sexual activity with somebody under the age of 18 if that person agrees, and of course, in California the answer is no. So, if you touch anybody in a sexual way or have sex with...

This whole concept of catfishing has to do with somebody giving fake information to another person, and basically trying to lure them into a date or whatever circumstance they're trying to do.  Usually, you see it done through social media where an individual will send, for example, different pic...

I've been doing this for twenty-five years and I continue to see people being charged with sexual battery and a lot of times it's in the most innocuous way — whether it be at a sporting event and somebody touches another person — people real drunk at restaurants or fast-food locations touching wo...

This is an interesting question because a lot of the rape cases that we see is one person's word against another's.  That makes it very difficult for the prosecutors to prove the case because the man is going to say one thing and the woman is going to say another thing, and then it ends up boilin...

The answer is no you wouldn't have to register if you're charged, but if you get convicted of Penal Code Section 243.4 — sexual battery — believe it or not, that is a registerable offense.  So, that's one big thing that defense attorneys are trying to do — is get rid of any sex offenses where...

The answer to this question is absolutely yes and that's one of the biggest weapons they have in criminal prosecutions, is to try and see if the person they are accusing of a sex crime — whatever the crime may be — whether it be rape or any other crime — and see if they have any prior criminal re...

Having practiced criminal defense now for twenty-five years and done many sex crime cases, I see more and more law enforcement trying to use these pretext phone calls in order to get evidence against those people they believe are involved in committing sex crimes. Definition of a Pretext Phone Ca...

California Evidence Code Sections 1101 and 1108 become relevant when you're talking about prosecutors that have filed a criminal sex crime case against somebody and they're trying to use that person's past against them. It's not just past criminal convictions for sex crimes, it could just be ...

When someone is charged with sexual battery under California Penal Code Section 243.4(e)(1), this is obviously a serious crime because if you're convicted or you plead guilty to a sexual battery in Los Angeles, California, you're looking at registering as a sex offender. That means every year on ...

This is a very serious crime under California Penal Code Section 288.5(a) – probably one of the most serious sex crime offenses and it carries with it fifteen for life.  I've been doing a lot of these cases in downtown Los Angeles where people are actually looking at fifteen to life.  The prosecu...

This is controlled by CALCRIM 1071 jury instructions.  It basically just describes what the elements are in order to convict a person for this crime.  It's typically prosecuted under California Penal Code Section 261.5(a) through (c). The bottom line is, one of the biggest defenses to this is tha...

Elements of the Crime – California Penal Code Section 288(b)(1). When it comes to these crimes against children — sex-related offenses in Los Angeles county — prosecutors have certain elements of the crime that they have to prove in order to convict somebody of one of these cases. Obviously, you w...

The first factor, and it's a pretty simplistic one related to criminal defense in sex crimes and whether you have to register, is the crime you actually plead guilty or no contest to.  There's a whole list of crimes that if you plead guilty to them, you must register as a sex offender. That w...

There's a lot of sexual assault cases being filed across Los Angeles county both at the criminal level and there are civil lawsuits being filed, especially in Hollywood and against athletes.  The question comes, when is a case going to be filed criminal and when is it going to be civil.  The ...

When it comes to this particular rape charge, which is covered under California Penal Code Section 261(a)(4) and Penal Code Section 262(a)(3), obviously the prosecutors and judge will take it seriously in Los Angeles County. They're going to assign a special sex crime prosecutor no matter whi...

I've been defending teachers related to sex crimes in Los Angeles for the past twenty-five years.  Unfortunately, this is a crime that is taken very serious by the authorities because any teacher who is having any type of sexual contact with their students who is in a position of trust is see...

One big weapon the police have that they use all the time when it comes to sex crime cases is that is known as a pretext phone call.  This is basically where they have typically, the alleged victim calls the alleged perpetrator on the phone and the police will tape record the conversation. Th...

When it comes to a sex crime case that's being prosecuted in Los Angeles County, I've done a lot of these cases over the last twenty-five years and there's a variety of different punishments that can be utilized in order to deter someone from committing future sex crime cases, punish an offen...

DNA evidence can be a powerful tool for law enforcement and prosecutors when it comes to sex crime cases.  It's basically a way other than somebody's word that they can prove that there was some sort of sexual contact between two people.  However, it is not an exact science. It's not a perfec...

More and more, people are being charged with sex crimes such as unlawful sexual touching and being required to register as sex offenders across the country.  This is a hot topic right now with the #MeToo hashtag movement sweeping across America and specifically, in liberal Los Angeles County. The...

When it comes to the crime of rape, the legislature, law enforcement agencies, prosecutors and judges in Los Angeles County and across California, obviously take these types of offenses very seriously and dole out harsh punishments on those individuals convicted of these types of crimes. Rape...

When it comes to sex crimes the prosecutors and police are obviously very harsh and tend to jump to conclusions about whether or not a particular person is guilty of the offense they are investigating. Oral copulation by force obviously is typically charged with other offenses centering aroun...

Now more than ever, people are being investigated and charged related to sexual harassment activity, whether it be in the workplace or otherwise. With the #MeToo hashtag movement in full swing, law enforcement and prosecutors across LA County and across the country, are evaluating whether to file...

It is a federal crime to distribute obscene material to a minor.  More and more I'm seeing the federal government monitoring this type of activity and making sure that young people are protected from the transfer of obscene material through electronic means and otherwise.  The federal government ...

18 U.S.C. 2252 – Certain activities relating to material constituting or containing child pornography Under federal law, child pornography is defined as any “visual depiction” of a minor engaging in “sexually explicit conduct.” A visual depiction could be a picture, video or digital image. By law...