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Sex Crime Laws applicable to Orange County, Santa Ana, Fullerton and Newport Beach
California’s sex crimes range from a low of so called “flashing” to violent sexual assaults, encompassing both misdemeanors and felonies.
Sexual Assault or the Procurement Thereof
California’s sexual assault statutes are all premised upon a lacking of consent to the sexual act itself, whether it be by the denial of consent or duress or menace, not being the legal age of consent, not being physically or psychologically capable of giving consent, or was not aware of the sex act occurring. Rape, Penal Code section 261 can be committed by a non spouse and any of the previously mentioned conditions antecedes the sexual act. Consent is defined by Penal Code 261.6 as being a positive cooperation in act or attitude pursuant to an exercise of free will. Spousal rape under Penal Code section 262 is similarly defined. If the sexual intercourse was procured by fraudulent misrepresentation or the creation of fear, it still can constitute rape. Penal Code section 266c. Commonly known as “pimping,” if the sexual assault occurs by way of pandering, it is seen as not different than other forms of duress. Penal Code section 266h, I and j. Taking an underage person away from their parents or legal guardian for the purposes of prostitution is also guilty of a felony sexual assault.
California defines “statutory rape” under Penal Code section 261.5 as being “unlawful sexual intercourse,” not being of the legal age of 18, with more severe penalties imposed upon conviction if the perpetrator is substantially older than the victim. It can be charged as a misdemeanor or a felony (known as a “wobbler”). The law implies that the sexual act was not taken by duress, menace or the lack of capacity to give consent, but was rather non-consensual as a matter of law due to the age of the victim. Civil penalties can also be imposed by the District Attorney.
Rape can be committed by mere penetration. Penal Code section 263. The punishment can be for 3,6 or 8 years, or for 5,7 or 9 years involving violence. Penal Code section 264.1 However, with California’s three strikes laws thee perpetrator could get that sentenced doubled if it was a second offense that was a strike, or if a third strikeable offense could yield a sentence of 25 years to life. A strikeable offense in California means that the first or second felony was either serious or violent, but the third need not be either. It could be a petty theft with a prior that is made a felony by the fact of the second theft offense.
A sexual assault on a child is “aggravated” for rape, sodomy or penetration purposes if the victim is 14 years of age or younger and the perpetrator is more than 7 years older Penal Code section 269. The penalties can be up to 15 years per incident, and consecutive sentences may be imposed if it occurs on the same victim.
Bigamy or plural marriage, defined as marring another spouse while remaining married to another, is a misdemeanor punishable by up to one year in jail and a $10,000 fine. Penal Code section 281-283. Incest is defined as marriage between those with “degrees of consanguinity,” or who are so related, over the age of 14 and fornicate or commit adultery with each other . Penal Code section 285. It is punishable by a state prison term of undefined terms.
Sodomy is defined as sexual contact between a penis and an anus. Penal Code 286. Here the punishment varies by the age of the perpetrator and the victim. A “participant” under 18 faces a maximum penalty of up to a year in jail. If one is 21 and the other 16 or less, it is a felony. If one participant is more than 10 years older than the participant who is 14 years of age or younger faces a term of either 3,6 or 8 years. Any sodomy committed with the use of force or threats of future action is also guilty of a felony and faces a term of either 3, 6 or 8 years. Sodomy with animals is a misdemeanor. Penal Coe section 286.5. Oral copulation is the touching of the mouth to any sex organ or anus of another person, punishable as a misdemeanor and up to one year in jail. Penal Code section 288a. If the perpetrator is 21 and the victim 16, it is a felony. If the victim is 14 years of age or younger, or it involves duress or force, or by an artifice, or is a pubic officer threatening pubic arrest, the punishment is 3,6, or 8 years.
Sexual penetration or “digital penetration” against the persons will by means of force, duress, violence , menace, or fear of immediate danger, or of future threat, or that person is incapable of giving consent due to capacity or is punishable by a term of 3,6 or 8 years. Penal Code section 289.
The broad category of “lewd and lascivious acts” includes any form of physical touching of a child with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child who is 14 years of age or younger is guilty of a felony. Penal Code section. The penalty various by the ages of the perpetrator and the victim. If done with by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, or done by a caretaker, it is a felony punishable by 3,6, or 8 years. If the perpetrator is at least 10 years older than the victim and the victim is 14-15 years old, is punishable by 1,2 or 3 years. The court may have a fine imposed on the defendant to pay an additional fine not to exceed ten thousand dollars ($10,000). A mental examination may be required before being released for this crime. Penal Code section 288.1.
The attempted or actual seduction of a minor such as seen on the “To Catch a Predator” with the intent to with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 288, 288a, 288.2, 289, 311.1, 311.2, 311.4 or 311.11 involving the minor, may face the individual penalty for an attempt of those crimes. A second offense may add on an additional 5 years.
Any person who either resides in the same home or has recurring access to a minor child aged 14 or younger and sexually abuses a child of any type is be punished by imprisonment in the state prison for a term of 6, 12, or 16 years. Penal Code section 288.5. Any form of sexual intercourse with a minor ten years or more younger than a perpetrator of at least 18 years of age faces a term of 25 years to life. Penal code section 288.7
The crime of “flashing” or exposing one’s genitalia, pubic or rectal area to a child is punishable as a misdemeanor and a jail sentence of up to one year. A second offense can yield a mandatory prison term. Penal Code section 288.3 If committed in a pre-arranged meeting place by imprisonment in the state prison for two, three, or four years.
Resources – Orange County, California
Orange County Government Website
Orange County History
Superior Court of Orange County
Orange County Sheriff’s Department
City of Orange, CA
City of Santa Ana, California
Santa Ana Police Department
Santa Ana Community Profile
Map of Santa Ana, CA
City of Fullerton
Map of Fullerton, California
Fullerton Police Department
Fullerton Courthouse
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Sex Crimes Lawyer Serving Orange County, California
Contact Orange County Sex Crimes attorney Okorie Okorocha today at (800)
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