California child molestation laws prohibit anyone from engaging, or to attempt to engage in, sexual acts with a minor under 18. Child molestation crimes are defined in under Penal Code 288, 287, 288.2, 288.3, 288.4, 288.5, 647.6 and 261.5 statutory rape.
Understanding how the law works and why it was enacted related to molestation cases is crucial if you are charged with a sex crime. There are a number of different considerations that must be taken into account if you are going to properly defend yourself or even workout a plea bargain with the prosecutors and judge in a criminal case.
The first important consideration to take into account is the attorney who you chose to represent you. Obviously you want to choose an attorney who has had success and experience in defending those individuals charged with sex related offenses. However, as you will see, your search and the factors that you use to choose that attorney can be quite complex and require some thought and research.
First, you want to find an attorney who is local to the courthouse your case in pending and make sure they not only know the court system there, but that they are liked and respected by the judges and prosecutors there.
The next consideration you should have relates to whether you are going to fight your case or try and negotiate a resolution. In order to make this type of a decision you will have to understand the law surrounding your particular charges and decide whether the prosecutor can prove that you violated the particular elements of the law you are charged with.
The more your know about the child molestation laws, the easier it will be match up the law with your circumstances and start to make some key decisions. Of course you will want to make those decisions in conjunction with your attorney's advice and your own common sense.
When deciding how you will proceed on your case you should also consider the factors the prosecutor and judge will use to decide 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 age of the alleged victim, 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 physiological report that addresses whether they person charged is likely to be a repeat offender. Your attorney will help guide your through the approach that makes the most sense for you and your circumstances.
Learn What the Child Molestation Law are Meant to Guard Against
There have been many laws passed in order to protect children in our society. The child molestation laws are aimed at making sure that law enforcement and the courts have the tools they need to deter these type of sex crimes and to punish those offenders who endanger young people.
For example, the reason that people are required to register as a sex offender for child molestation type offenses is so that authorities are able to track their movements and also investigate crimes that occur near where child molesters live.
Also, the individuals who the authorities deem the most dangerous child molester will be placed on the Internet so society can see where they live and guard against them re-offending.
The policies that surround the molestation laws are mainly pointed at making sure that young people are protected and that law enforcement and the public can do their part in the constant fight to protect the children of America.
California is one of the most harsh states in the nation when it comes to 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 of the sex related offenses, including child molestation, a strike related offense for purposes of the California “Three Strikes Law”. Those sex crimes that are strikes require the defendant to serve eighty five percent of their jail or prison time and put a strike on their record that doubles their sentence for any future felony conviction.
New Laws Coming related to Sex Registration and Why They are Coming Out
As I write this post, there is legislature on the table that will likely past that will be much more specific about who has to register and who does not. Further, it appears that the sex crime registration requirements will be broken down into a three tier system in order to make it much more understandable and clearer who has to register as a child molester and who does not.
It will also make less stringent sex registration requirement for some offenses and limit the length of the registration for others.
The reason I feel confident the legislation will pass is because the prosecutors of California and specifically Los Angeles support it.
It is surprising to most that 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 kind of a break on their sentences or sex registration requirements.
The reason they are supporting it is because they realize how unfair the current law is for some offenders. Treating everyone the same is never in the best interests of society and makes it very difficult for the right results to occur, even from the standpoint of the most ardent pro prosecution individuals.
Once this law passes, it will be much easier to negotiate and resolve child molestation cases and the system will be set up more fair because the prosecutors will have more flexibility in how they treat those individuals charged with sex crimes.
The new laws will also help people who have prior sex offenses and are suffering with a life time of registration when they should have to.
Many offenders admitted crimes years ago that did not require them to register as a sex offender, only to find out years later that the government would change the law and make them register as a sex offender for the rest of their life.
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 a sex offender and even be placed on the Internet pursuant to Megan's Law.