California child molestation laws prohibit anyone from engaging or attempting to engage in sexual acts with a minor under 18. Child molestation crimes are defined under Penal Code 288, 287, 288.2, 288.3, 288.4, 288.5, 647.6, and 261.5 statutory rape.
Understanding the intricacies of the law and the reasons behind its enactment in relation to molestation cases is not only crucial but also empowering. It gives you the control to navigate a charged situation. By grasping the legal nuances, you can make informed decisions and effectively defend yourself or negotiate a plea bargain in a criminal case.
The first important consideration to consider is the attorney you chose to represent you. Your attorney is not just a legal representative but a guide and a source of reassurance. You want to select an attorney who has had success and experience defending those charged with sex-related offenses. However, as you will see, your search and the factors you use to choose that attorney can be quite complex and require some thought and research.
First and foremost, you should seek an attorney who is local to the courthouse where your case is pending. This ensures that the attorney is well-versed in the local court system and has established a good rapport with the judges and prosecutors.
The next consideration you should have relates to whether you will fight your case or try and negotiate a resolution. To make this decision, you will have to understand the law surrounding your particular charges and decide whether the prosecutor can prove that you violated the specific elements of the charge you are facing.
The more you know about child molestation laws, the more informed and prepared you will be to make critical decisions. Of course, you will want to make those decisions with your attorney's advice and your common sense.
When deciding how you will proceed on your case, you should also consider the factors the prosecutor and judge will use to determine what you will be charged with and how harsh they will be in dealing with your case. They will look at your criminal record, the alleged victim's age, the conduct involved with the crime, and a host of other factors that are particular to what you are being charged with.
To have the best chance of success in a child molestation case, you will also likely need a psychological report that addresses whether the person charged is likely to be a repeat offender. Your attorney will help guide you through the approach that makes the most sense for you and your circumstances.
What Do Child Molestation Laws Guard Against?
Numerous laws have been enacted to protect children in our society. The child molestation laws aim to make sure that law enforcement and the courts have the tools they need to deter these types of sex crimes and punish those offenders who endanger young people.
For example, people are required to register as sex offenders for child molestation-type offenses so that authorities can track their movements and investigate crimes that occur near where child molesters live.
Also, the authorities deem that the most dangerous child molesters will be placed on the Internet so society can see where they live and guard against them re-offending.
The policies surrounding the molestation laws are mainly aimed at making sure that young people are protected. Law enforcement and the public, including you, can play their part in the ongoing fight to protect America's children.
California is one of the harshest states in the nation regarding the laws related to child molestation.
They have added life sentences for many child-related offenses that did not have life attached to them in the past.
There has been a huge push to make many sex-related offenses, including child molestation, a strike-related offense for the California “Three Strikes Law” purposes. Those sex crimes that result in convictions require the defendant to serve at least eighty-five percent of their jail or prison time and result in a strike on their record, which doubles their sentence for any future felony conviction.
What are the New Laws Coming related to Sex Registration?
As I write this post, a law on the table is likely to be passed, which will be more specific about who must register and who does not. Further, it appears that the sex crime registration requirements will be broken down into a three-tier system to make it much more understandable and more apparent who has to register as a child molester and who does not.
It will also impose less stringent sex registration requirements for certain offenses and limit the registration period for others.
I feel confident that the legislation will pass because the prosecutors in California, specifically those in Los Angeles, support it.
It is surprising to most who know the history of sex registration that the Los Angeles County District Attorney's Office would support any legislation that gives some sex offenders and those individuals charged with child molestation any break on their sentences or sex registration requirements.
They support it because they recognize the unfairness of the current law for certain offenders. Treating everyone the same is never in society's best interests. It makes it very difficult for the right results to occur, even from the standpoint of the most ardent proponents of prosecution.
Once this law passes, it will be much easier to negotiate and resolve child molestation cases. The system will be fairer because the prosecutors will have more flexibility to treat those charged with sex crimes.
The new laws will also help people who have prior sex offenses and are suffering from a lifetime of registration when they do so.
Many offenders admitted crimes years ago that did not require them to register as sex offenders, only to find out years later that the government would change the law and make them register as sex offenders for the rest of their lives.
Some of those same offenders would have never agreed to the negotiation they did if they knew that they would be forced to register as sex offenders and even be placed on the Internet under Megan's Law.
