WHAT IS CONSIDERED A SEX CRIME?

In California, a sex crime is not one specific offense. It is a broad category of criminal charges involving prohibited sexual conduct, sexual exploitation, conduct involving minors, unlawful sexual images, online communications for a sexual purpose, or certain acts of public exposure. Common examples include child molestation, rape, sexual battery, possession or distribution of child pornography, internet-sting offenses, and indecent exposure.

Whether a particular charge requires registration under California Penal Code section 290 depends on the exact offense, conviction, circumstances, and applicable registration tier.

According to the California Department of Justice, over 40,000 sex crimes were reported in the state in 2022.

Sex crimes are prosecuted with the utmost fervor. State prosecuting agencies receive substantial federal funding for specialized sex-crime task forces, while other laws have increased sentences and made convictions easier to obtain.

This is part of a multigenerational campaign by well-meaning but misinformed activists who may fail to consider that accusations can be false. Allegations may be influenced by parental pressure during custody disputes, suggestibility, mental illness, revenge, or responses to parental discipline.

This “groupthink” prejudice has affected every level of the legal system, including:

• Police
• Prosecutors
• Healthcare professionals
• Judges
• Jurors

The practical effect is that an accused person may feel stripped of the presumption of innocence and forced to prove innocence from the moment the accusation is made.

This article provides a basic understanding of some of the most common California sex-crime charges. Anyone facing an accusation should seek legal advice from an attorney with experience defending these specialized cases, including experience countering groupthink prejudice.

For purposes of this discussion, Innocence Legal Team considers offenses requiring registration under California Penal Code section 290 to be sex crimes.

These offenses are generally divided into five categories:

1. Sex crimes involving minors, broadly referred to as molestation
2. Sex crimes involving adults, broadly referred to as rape or sexual assault
3. Child pornography
4. Cyber-sex crimes, including internet stings and attempted molestation
5. Indecent exposure

This guide outlines the elements of common offenses, possible defenses, sentencing ranges, and collateral consequences. Readers can also use the California Charge Navigator to locate information about a particular offense.

What Are the Main Types of Sex Crimes in California? 

The exact elements, defenses, penalties, and registration consequences depend on the offense charged and the circumstances of the case.

 What California Charges Involve Child Molestation? 

In many cases, it may be better to face a murder charge than to face a child-molestation accusation. These cases carry severe sentences, intense emotional prejudice, and potentially lifelong consequences.

If you are under investigation or have been falsely accused, the following information provides a basic understanding of some of the most common charges.

For a more detailed discussion of investigations, accusations, evidence, and defense strategy, visit ILT’s child molestation defense page.

Penal Code 288(a) and 288(b): Lewd Acts With a Child Under 14

California Penal Code section 288 prohibits lewd acts involving a child under the age of 14.

Elements

• • The defendant willfully and lewdly touched the body of a child.
  • The child was under 14 years of age.
  • The touching was done with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of the defendant or the child.

Defenses

• • The alleged victim was not under 14.
  • The contact was not sexual in nature.
  • The allegation is false.

Sentencing

• • If no force was used: three, six, or eight years in state prison, with eligibility for felony probation.
  • If force or duress was used: five, eight, or 10 years in state prison.

Penal Code 288.7(a): Sexual Intercourse or Sodomy With a Child 10 or Younger

California Penal Code section 288.7 addresses sexual conduct involving a child who is 10 years of age or younger.

Elements

• • The defendant was 18 years of age or older.
  • The defendant engaged in sexual intercourse or sodomy with the alleged victim.
  • The alleged victim was 10 years of age or younger.

Defenses

• • The alleged victim was older than 10.
  • The contact was not sexual in nature.
  • The allegation is false.

Sentencing

• • 25 years to life
  • No probation eligibility
  • Life under the Three Strikes Law with two prior felonies
  • Life when two or more alleged victims are involved

Penal Code 288.7(b): Oral Copulation or Sexual Penetration of a Child 10 or Younger

Elements

• • The defendant was 18 years of age or older.
  • The defendant engaged in oral copulation or sexual penetration with the alleged victim.
  • The alleged victim was 10 years of age or younger.

Defenses

• • The alleged victim was older than 10.
  • The contact was not sexual in nature.
  • The allegation is false.

Sentencing

• • 25 years to life
  • No probation eligibility
  • Life under the Three Strikes Law with two prior felonies
  • Life when two or more alleged victims are involved

Penal Code 287: Oral Copulation With a Minor

California Penal Code section 287 concerns oral copulation involving a minor.

“Oral copulation” means contact between the mouth of one person and the sexual organ or anus of another person.

Elements

• • The defendant engaged in an act of oral copulation with another person.
  • The alleged victim was under 18 years of age.

Defenses

• • The alleged victim was not a minor.
  • The contact was not sexual in nature.

Sentencing

Alleged victim under 18:

• • Low term: 16 months
  • Middle term: two years
  • High term: three years

Alleged victim under 16:

• • Low term: three years
  • Middle term: six years
  • High term: eight years

Alleged victim under 14:

• • Low term: seven years
  • Middle term: nine years
  • High term: 11 years

A life sentence may apply in cases involving:

• • Substantial sexual conduct involving a child under 10
  • A third strike
  • Two or more alleged victims

Probation eligibility applies only when the alleged victim is 17 or older.

Penal Code 286: Sodomy With a Minor

California Penal Code section 286 addresses sodomy involving a minor.

Elements

• • The defendant participated in an act of sodomy with the alleged victim.
  • The alleged victim was under 18 years of age.

Defenses

• • The defendant reasonably believed the alleged victim was an adult, where that defense is legally available.
  • The allegation is false.
  • The conduct was consensual.

Sentencing

Alleged victim under 18:

• • Low term: one year and four months
  • High term: two years

Alleged victim under 14:

• • Low term: nine years
  • Middle term: 11 years
  • High term: 13 years

Additional consequences may include:

• • Probation eligibility when the alleged victim is 14 or older
  • Life under the Three Strikes Law with two prior felonies
  • Life when two or more alleged victims are involved

Penal Code 288.5: Continuous Sexual Abuse of a Child

California Penal Code section 288.5 addresses continuous sexual abuse of a child under 14.

Elements

• • The defendant lived with the minor or had recurring access to the minor.
  • Over a period of at least three months, the defendant allegedly engaged in three or more acts of substantial sexual conduct or three or more lewd or lascivious acts.
  • The alleged victim was under 14 years of age at the time.

Defenses

• • The alleged victim was not a child.
  • No sexual acts occurred.
  • The allegation is false.
  • The defendant did not have recurring access.

Enhancements in Child-Molestation Cases

Certain circumstances may result in a life sentence or significantly increase sentencing exposure.

These may include:

• • Two or more alleged victims
  • Prior convictions for specified sexual offenses
  • Kidnapping that substantially increased the risk of harm
  • Aggravated mayhem
  • Torture
  • Sexual conduct committed during a residential burglary
  • Personal infliction of great bodily injury
  • Personal infliction of bodily harm on an alleged victim under 14
  • Kidnapping that did not substantially increase the risk of harm
  • Conduct during a residential or qualifying commercial burglary
  • Use of a weapon
  • Convictions involving more than one person
  • Tying or binding an alleged victim or another person
  • Administration of a controlled substance

What Is Considered Rape or Sexual Assault? 

For decades, rape and sexual-assault accusations have been considered among the easiest serious criminal allegations to make and among the most difficult for the accused to disprove.

These accusations may involve:

• Date rape
• Rape involving a foreign object
• Gang rape
• Spousal rape
• Other offenses under Penal Code sections 262, 264, 266, 286, and 289

Defenses often center on consent. Rape-shield laws restrict the introduction of an accuser’s prior sexual history to prove consent. However, an experienced attorney may be able to introduce that evidence on other relevant grounds.

Sentences for rape can range from three to six years. A person who is convicted may also face:

• Sex-offender registration
• One or more strikes
• Loss of firearm rights
• Loss of a professional license
• Loss of livelihood and reputation

For additional information, visit ILT’s rape and sexual-assault defense page.

Penal Code 243.4: Sexual Battery

California Penal Code section 243.4 concerns unlawful sexual touching.

Elements

• • The defendant touched an intimate part of another person.
  • The touching was against that person’s will.
  • The touching was for sexual arousal, gratification, or abuse.

Defenses

• • Consent
  • Insufficient evidence
  • False allegation

Sentencing

• • Low term: two years
  • Middle term: three years
  • High term: four years
  • Probation eligibility: yes
  • Life under the Three Strikes Law with two prior felonies

Penal Code 261: Rape

California Penal Code section 261 addresses rape.

Elements

• • The defendant engaged in sexual intercourse with a person other than the defendant’s spouse.
  • The intercourse was against the will of the alleged victim.
  • The act was accomplished through force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the alleged victim or another person.
  • The offense involved separate alleged victims or the same alleged victim on separate occasions.

Defenses

• • Consent
  • No sexual intercourse occurred
  • False accusation

Sentencing

• • Low term: eight years
  • Middle term: 10 years
  • High term: 12 years
  • Probation eligibility: no
  • Life under the Three Strikes Law with two prior felonies

What Are Child Pornography Charges?

A person accused of trafficking, exchanging, distributing, or possessing child pornography is in serious jeopardy.

These cases may involve:

• Penal Code section 311
• Penal Code section 311.11
• 18 U.S.C. sections 2251 and 2252

Child pornography charges may be prosecuted in state or federal court. Federal prosecution is significantly more serious and may involve mandatory sentences of up to 40 years. Every effort should therefore be made to keep a case in state court when possible.

Defending these charges can require both legal and technical knowledge. A defense team may need to demonstrate that unlawful files:

• Were never requested
• Were obtained or stored by another user
• Resulted from malware
• Were possessed only for deletion

Many attorneys do not have experience trying child pornography cases in state or federal court. As a result, they may urge an accused person to accept a plea before investigating all available defenses.

Innocence Legal Team takes a different approach. We thoroughly investigate and prepare a case before considering a plea bargain.

Learn more about ILT’s approach to child pornography defense.

Penal Code 311.11(a): Possession of Child Pornography

California Penal Code section 311.11 concerns possession of unlawful material involving a minor.

Elements

• • The defendant knowingly possessed or controlled matter, information, data, or an image containing obscene material involving a person under 18.
  • The defendant knew the material depicted a person under 18 personally engaging in or simulating sexual conduct.

Defenses

• • The defendant did not know the person depicted was under 18.
  • The defendant did not possess child pornography.
  • The evidence resulted from an unlawful search and seizure.

Sentencing

• • Low term: 16 months
  • Middle term: two years
  • High term: three years
  • Probation eligibility: yes

Penal Code 311.10(a): Distribution of Child Pornography

California Penal Code section 311.10 concerns the sale or distribution of obscene material involving a minor.

Elements

• • The defendant advertised obscene material for sale or distribution.
  • The defendant knew the material depicted a person under 18 engaging in or personally simulating sexual conduct.

Defenses

• • The defendant did not know the person depicted was under 18.
  • The defendant did not possess child pornography.
  • The evidence resulted from an unlawful search and seizure.

Sentencing

• • Low term: two years
  • Middle term: three years
  • High term: four years
  • Probation eligibility: yes

18 U.S.C. § 2252: Federal Possession Charge

18 U.S.C. § 2252 addresses federal offenses involving unlawful visual depictions of minors.

Elements

• • The defendant knowingly possessed media depicting minors engaged in sexually explicit conduct.
  • The defendant knew the media contained visual depictions of minors engaged in sexually explicit conduct.
  • The defendant knew the production of the depictions involved minors.
  • Each depiction was transferred using a means or facility of interstate commerce or in a manner affecting interstate commerce.

Defenses

• • The defendant did not possess the depictions.
  • The depictions did not involve minors.
  • The defendant did not know the depictions involved minors.
  • The defendant did not know minors were used to produce the depictions.
  • The depictions were not transferred through interstate commerce and did not affect interstate commerce.

Sentencing

• • Five to 20 years for a first offense

 What Are Internet-Sting and Cyber-Sex Crimes? 

A person can be prosecuted and convicted for online role-playing. This may include arranging to meet a minor, transmitting harmful material for a sexual purpose, or attempting to do so.

California law permits police decoys to pose as minors. These investigations have resulted in charges against hundreds, if not thousands, of people who claim they never intended to meet a minor. Many of these cases do not involve an actual minor.

Even when no actual minor exists, a person can still be charged with attempted child molestation under Penal Code sections 664 and 288(a). Factual impossibility is not a defense to an attempt.

Attempt crimes generally carry one-half of the sentence for the underlying offense. Because a violation of Penal Code section 288(a) can carry eight years in prison, an attempted lewd act involving a child under 14 can carry four years.

During sting chats, a police officer posing as a minor may ask the target to send images. Those images may be treated as harmful material under Penal Code sections 288.2 or 311.3.

Learn more about ILT’s approach to internet sex-crime and cyber-entrapment cases.

Penal Code 288.2: Sending Harmful Matter to a Minor

California Penal Code section 288.2 addresses transmitting explicit or obscene material to a minor for a sexual purpose.

Elements

• • The defendant knowingly sent, exhibited, distributed, or offered to distribute obscene matter or live or recorded telephone messages to a minor.
  • The defendant knew the alleged recipient was a minor or failed to exercise reasonable care in determining the recipient’s age.
  • The defendant acted with the specific intent to arouse, appeal to, or gratify the sexual desires of the defendant or the child.

Defenses

• • The defendant did not transmit harmful material.
  • The transmitted material was not harmful.
  • The defendant had no criminal intent.

Sentencing

• • Low term: two years
  • Middle term: three years
  • High term: five years
  • Probation eligibility: yes

Penal Code 288.3: Contacting a Minor With Intent to Commit a Lewd Act

California Penal Code section 288.3 addresses contacting a minor with the intent to commit a qualifying sexual offense.

Elements

• • The defendant willfully and lewdly touched the body of a child.
  • The child was under 14 years of age.
  • The touching was intended to arouse, appeal to, or gratify the sexual desires of the defendant or the child.

Defenses

• • There was no intent to commit an underlying offense.
  • The defendant did not know the other person was a minor.

Sentencing

• • Low term: one year and six months
  • Middle term: three years
  • High term: four years
  • Probation eligibility: no

Penal Code 288.4: Arranging a Meeting With a Minor

California Penal Code section 288.4 addresses arranging a meeting with a minor, or a person believed to be a minor, for sexual conduct.

Elements

• • The defendant arranged a meeting with a minor or a person believed to be a minor.
  • The meeting was arranged to expose the defendant’s genitals or pubic or rectal area, have the child expose those areas, or engage in lewd or lascivious conduct.
  • The defendant was motivated by an unnatural or abnormal sexual interest in children.
  • The defendant went to the arranged meeting place at or near the arranged time.

Defenses

• • The defendant was not motivated by a sexual interest in children.
  • The defendant did not intend to engage in lewd conduct at the meeting.
  • The defendant did not know the other person was a minor.

Sentencing

• • Low term: two years
  • Middle term: three years
  • High term: four years
  • Probation eligibility: special case

Penal Code Sections 664 and 288: Attempted Lewd Act

Elements

• • The defendant intended to arouse, appeal to, or gratify the sexual desires of the defendant or a child.
  • The defendant took a direct but ineffective step toward lewdly touching a child under 14.

Defenses

• • No direct act was taken toward committing the offense.
  • There was no intent to commit a lewd act.
  • The defendant abandoned the attempt.

Sentencing

• • Low term: 16 months
  • Middle term: four years
  • High term: four years
  • Probation eligibility: special case

 Is Indecent Exposure a Sex Crime in California? 

Indecent exposure under California Penal Code section 314 often brings public nudity to mind. California law, however, goes beyond simple exposure.

Indecent exposure is one of the most common offenses that can lead to sex-offender registration. It may be charged as either a felony or misdemeanor, making it a “wobbler.”

Elements

• • The defendant willfully and lewdly exposed their genitals in the presence of another person.
  • The other person was offended or annoyed.
  • The defendant intended to direct public attention to their genitals for sexual arousal, sexual gratification, or to sexually offend another person.
  • The defendant entered an inhabited dwelling without consent.
  • The willful and lewd exposure occurred after entering the dwelling.

Defenses

• • No other person was present.
  • The genitals remained partially clothed.
  • There was no intent to obtain sexual gratification.
  • The act was not lewd.

Sentencing

• • Low term: 1.4 years
  • Middle term: two years
  • High term: three years
  • Probation eligibility: yes

What Are the Collateral Consequences of a Sex-Crime Conviction?

A sex-crime accusation can cause harm even before a conviction. A conviction may also lead to indirect but significant consequences affecting employment, housing, professional status, immigration, relationships, and reputation.

Depending on the offense, collateral consequences may include:

• A strike that could increase a later sentence, potentially to life
• Classification as a serious or violent felony
• Suspension or revocation of a professional license
• Loss of voting rights while incarcerated
• Lifetime ineligibility to hold public office
• Loss of jury-service eligibility while incarcerated or under supervision
• Use of the conviction to impeach testimony
• Deportation for a person who is not a United States citizen
• Firearm prohibition
• Sex-offender registration
• DNA-bank registration

 Frequently Asked Questions 

GET HELP NOW

This article is not intended as legal advice.

If you are facing a sex-crime accusation, you need an experienced legal team on your side. Innocence Legal Team may be your best hope of prevailing.

We have assembled talented attorneys, paralegals, experts, and investigators throughout California. They are smart, tenacious, and dedicated to winning. They are your army—every bit as capable as any district attorney or prosecutor’s office.

[1] The Innocence Legal Team is California’s most experienced sex crime defense law firm. Therefore, our discussion centers on California law. The California sex crime registration statute (“Megan’s Law”) is California Penal Code (PC) 290.