Sex Crimes
Increasingly, state and federal authorities are monitoring and prosecuting sexual offenses involving computers, smartphones, and the internet. Law enforcement conducts elaborate sting operations to seek out individuals who engage in sexually explicit chats and emails with minors (or, more frequently, law enforcement officers pretending to be minors). These sting operations usually culminate in the police setting up a meeting between the supposed minor and the individual. When the individual shows up to meet the minor, he is arrested, his home and computer are searched, and he can be charged with a variety of sexual offenses including attempted molestation (Penal Code section 664/288(a)), attempted sending harmful matter to a minor (Penal Code section 664/288.2), arranging a meeting with a minor for sexual purposes (Penal Code section 288.3), bothering or annoying a child (Penal Code section 647.6), and possession of child pornography (Penal Code section 311.11; 18 U.S.C. section 2252). Possession of child pornography is a serious crime under both California and federal laws, and can carry a mandatory minimum sentence of five years in the federal system.
Although the internet and child pornography are the starting points for many sex crime investigations, other cases begin with allegations of other prohibited sexual behavior. These prosecutions can involve charges such as sexual battery (Penal Code section 243.4), rape (Penal Code section 261), unlawful sexual intercourse with a minor (Penal Code section 261.5), indecent exposure (Penal Code section 314) and sexual abuse of a minor (Penal Code sections 287, 288, 288.5, 288.7, 289). In these cases too, law enforcement often searches the accuseds home, smartphones, and computers.
The consequences of being charged with a sexual offense are severe. Bail is often high and is sometimes denied entirely. If convicted, the sentences can be extremely long, and a conviction of most sexual offenses requires registration as a sexual offender. (Penal Code section 290.) Registered sex offenders can have their name, address, and photograph published on the Attorney General’s Sex Offender Registry and Megans Law website. Individuals who have previously been convicted of a sex offense and ordered to register can be charged with a crime for failure to comply with their registration requirements. (Penal Code section 290.018.)
California used to require lifelong registration for all people convicted of specified sexual offenses, but in 2021, the state implemented a new, three-tiered sex offender registration system. A conviction of a tier one offense carries a ten-year minimum registration, tier two offenses carry a twenty- year minimum registration, and tier three offenses carry lifetime registration. This new structure means that some people previously sentenced to lifetime registration may now petition the court to terminatethat requirement.
Defending charges involving sexual offenses is always complicated. The attorneys at Nolan Barton Olmos & Luciano have a thorough understanding of the state and federal laws regarding sexual offenses and registration, as well as decades of trial experience. We work closely with our clients to understand their personal histories. We work with computer experts, medical doctors, criminalists, polygraphers, and other experts to prepare and present the best possible defense. Whether the defense involves fighting the charges through a jury trial or negotiating the best resolution possible, the attorneys at Nolan Barton Olmos & Luciano can ably assist those charged with these crimes. Attorneys at the firm have won acquittals at jury trial in cases involving charges of sexual molestation, rape, sexual battery, child pornography, and other sex-related crimes.
The attorneys at Nolan Barton Olmos & Luciano have a thorough understanding of the state and federal laws regarding sexual offenses and registration, as well as decades of trial experience.