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Charge Navigator

Understanding Criminal
Charges: What You Need
To Know.

Click a charge to learn the elements of, defenses to, and potential sentences for the Offense

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Molestation

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Rape/ Sexual Assault

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Child Pornography

Internet Sting (1)

Cyber Sex

651e72fe835f453a278620db_molestion

Molestation

PC 288(a)/(b)– Lewd Act on a child under the age of 14.
element
Elements

  • 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, or gratify the lust, passions, or sexual desires of the defendant or the child.
defenses
Defenses
  • Alleged victim is not under 14.
  • Contact was not sexual in nature.
  • False accusation.
sentencing
Sentencing, Enhancements and Probations Eligibility
  •  No force: 
    • 3, 6 or 8 years in state prison.
    • Eligible for Felony Probation 
  • Force or duress used: 5, 8 or 10 years in state prison
consequences
Collateral Consequences
  • Strike
  • Serious and violent felony
  • Possible Professional License revocation/suspension/restriction
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
  • DNA Bank
  • AIDS testing
PC 288.7(a) Sodomy with of a child under 10.
element
Elements
  •   Defendant was 18 years of age or older.
  •   Defendant engaged in sexual intercourse or sodomy with the victim.
  •   The alleged victim was 10 years of age or younger.
defenses
Defenses
  • Victim was 10 years old or older.
  • Contact was not “sexual” in nature.
  • False accusation.
sentencing
Sentencing
  • 25 to life 
  • Probation Eligibility: No.
  • Three Strikes Law (2 prior felonies) – Life
  • Two or more Victims (Life)
consequences
Collateral Consequences
  • Strike
  • Serious and Violent Felony
  • Possible Professional License revocation/suspension
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
  • DNA Bank
PC 288.7(b) Sexual Penetration/oral Copulation of a child Under 10.
element
Elements
  • Defendant was 18 years of age or older.
  • Defendant engaged in oral copulation or sexual penetration with the victim.
  • The alleged victim was 10 years of age or younger.
defenses
Defenses
  • Victim was over 10 years old.
  • Contact was not “sexual” in nature.
  • False accusation.
sentencing
Sentencing
  • 25 to life Low/Mid/High Term
  • Probation Eligibility: No.
  • Three Strikes Law (2 prior felonies) – Life
  • Two or more Victims (Life)
consequences
Collateral Consequences
  • • Strike
  • Serious and Violent Felony
  • Possible Professional License revocation/suspension
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
  • DNA Bank
PC 287 Oral Copulation with a minor:
element
Elements
  • Defendant engaged in an act of oral copulation with a person. “Oral copulation” is defined as any contact between the mouth of one person and the sexual organ or anus of another. 
  • The Victim was under 18 years of age.
defenses
Defenses
  • Alleged victim is not a minor. 
  • Contact was not sexual in nature.
  • False accusation.
sentencing
Sentencing
  • Victim Under 18:
    • Low: 16 months
    • Mid: 2 years
    • High: 3 years
  • Victim Under 16
    • Low: 3 years
    • Mid: 6 years
    • High: 8 years
  • Victim Under 14
    • Low: 7 years
    • Mid: 9 years
    • High: 11 years 
    • Substantial sexual conduct under 10 - oral cop/penetration
    • Third strike
    • Two or more Victims
       Up to Life:
  • Probation eligible: Only if the Victim is 17 or older.
consequences
Collateral Consequences
  • Strike (under 14)
  • Serious and Violent Felony (under 14)
  • Possible Professional License revocation/suspension/restriction
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
  • DNA Bank
  • AIDS testing
  • False Allegations of Child Sexual Abuse by Lee Coleman and Patrick Clancy
  • Understanding the Criminal Law Process
PC 286 Sodomy with a minor
element
Elements
  • Defendant participated in an act of sodomy with Victim.
  • The Victim was under 18 years of age. [PC286(b)(1)]
defenses
Defenses
  • Reasonably believed the victim an adult(limited)
  • False allegation
  • Consent
sentencing
Sentencing
  • Victim Under 18: 
    • Low: 1 year 4 months
    • High: 2 years
  • Victim Under 
    • Low 16 months
    • Medium: 2 years
    • High: 3 years
  • Victim Under 14
    • Low: 9 years
    • Mid: 11 years
    • High: 13 years
  • Probation Eligibility: Yes, if victim 14 or older.
  • Three Strikes Law (2 prior felonies) – Life
  • Two or more Victims (Life)
consequences
Collateral Consequences
  • Strike (if under 14).
  • Serious Felony (if under 14).
  • Violent Felony (if under 14).
  • Possible Professional License revocation/suspension/restriction
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
  • DNA Bank
  • AIDS testing
PC 288.5 - Engaging in the continuous sexual abuse of a child under 14 years of age
element
Elements
  • Defendant was a resident with the minor or had recurring access to the minor; and 
  • Defendant over a period of not less than 3 months engaged in 3 or more acts of substantial sexual conduct, or 3 or more acts of lewd or lascivious conduct, with the victim who was under the age of 14 years at the time.
defenses
Defenses
  • Alleged victim not a “child”
  • There were no sexual acts
  • Falsely accusation
  • No recurring access
sentencing
Sentencing
  • Two or more Victims 
  • D has prior PC 261(a)(2)(6), 262(a)(1)(4), 264.1, 286, 287, former 288a, 288(a)(b), 288.5 or 289(a)
  • D kidnapped victim - movement of victim substantially increased risk of harm to victim
  • D inflicted aggravated mayhem (PC 205)
  • D tortured victim (PC 206)
  • Act committed during residential (1st degree) burglary - D intended to commit sex act
  • D personally inflicted GBI (PC 12022.53, 12022.7, 12022.8)
  • D personally inflicted bodily harm on ·victim under 14 years of age
  • D kidnapped victim - movement did not substantially increase risk of harm to victim
  • D Act committed during residential burglary or commercial burglary when building closed to public
  • D used a weapon (PC 12022, 12022.3, 12055.5, 12022.53)
  • D convicted of specified sex offenses against more than one person
  • D engaged in tying or binding victim or another
  • D administered controlled substance (PC 12022.75)
consequences
Collateral Consequences
  • Strike
  • Serious and violent felony
  • Possible Professional License revocation/suspension/restriction
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
  • DNA Bank
  • AIDS testing
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Rape/Sexual Assault

PC 243.4 – Sex Assault
element
Elements
  • Touching the intimate part or parts of another person.
  • The touching was against that person’s will.
  • The touching was for the purpose of sexual arousal, gratification, or abuse.
defenses
Defenses
  • Consent
  • Insufficient Evidence
  • False Allegation
sentencing
Sentencing
  • Low 2 years
  • Mid 3 years
  • High 4 years
  • Probation Eligibility: Yes.
  • Three Strikes Law (2 prior felonies) – Life
consequences
Collateral Consequences
  • Strike
  • Serious and violent felony
  • Possible Professional License revocation/suspension/restriction
  • Sex Registration
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
PC 261 - Rape
element
Elements
  • The defendant engaged in an act of sexual intercourse with a person other than the defendant's spouse.
  • The act of intercourse was against the will of the alleged victim.
  • The act was accomplished by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the alleged victim or to another person.
  • The offense involved separate victims or involved the same victim on separate occasions. [PC 261 (a)(2)]
defenses
Defenses
  • Consent
  • No sexual intercourse occurred
  • False accusation
sentencing
Sentencing
  • Low 8 years
  • Mid 10 years
  • High 12 years
  • Probation Eligibility: No.
  • Three Strikes Law (2 prior felonies) – Life
consequences
Collateral Consequences
  • Serious and violent felony
  • Possible Professional License revocation/suspension/restriction
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sexually violent predator
  • Sex Registration
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Child Pornography

PC 311.11(a) – Possession of Child Pornography
element
Elements
  • Defendant knowingly possessed or controlled any matter, representation of information, data, or image that contained or incorporated in any manner obscene matter involving the use of a person under the age of 18 years.
  • Defendant knew that the matter depicted a person under the age of 18 years personally engaging in or simulating sexual conduct.
defenses
Defenses
  • Did not know person depicted was under 18.
  • Did not possess child pornography.
  • Unlawful search and seizure.
sentencing
Sentencing
  • Low: 16 months
  • Mid: 2 years
  • High Term: 3 years
  • Probation Eligibility: Yes
consequences
Collateral Consequences
  • Possible Professional License revocation/suspension/restriction 
  • DNA Bank
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
PC 311.10(a) – Distribution of Child Pornography
element
Elements
  • Defendant advertised for sale or distribution any obscene matter.
  • Defendant had knowledge that the obscene matter depicted a person under the age of 18 years engaging in or personally simulating sexual conduct.
defenses
Defenses
  • Did not know person depicted was under 18.
  • Did not possess child pornography.
  • Unlawful search and seizure.
sentencing
Sentencing
  • Low: 2 Years
  • Mid: 3 years
  • High Term: 4 years
  • Probation Eligibility: Yes
consequences
Collateral Consequences
  • Possible Professional License revocation/suspension/restriction 
  • DNA Bank
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
18 USC 2252 (Federal Charge) - Possession of Child Pornography
element
Elements
  • Defendant knowingly possessed media depicting a minor[s] engaged in sexually explicit conduct;
  • Defendant knew visual depictions contained in the media were of a minor[s] engaged in sexually explicit conduct;
  • Defendant knew that production of such visual depictions involved use of a minor in sexually explicit conduct;
  • Each visual depiction had been transferred using any means or facility of interstate commerce or affecting interstate commerce.
defenses
Defenses
  • Defendant did not possess the depictions.
  • The Depictions were not of minors;
  • Defendant did not know that the depictions were of minors.
  • Defendant did not know the visual depictions were created with the use of minors in sexually explicit conduct;
  • The depictions were not transferred in interstate commerce and the transfer did not affect interstate commerce.
sentencing
Sentencing
  • 5 years to 20 years for first-time offense
consequences
Collateral Consequences
  • Possible Professional License revocation/suspension/restriction 
  • DNA Bank
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
Internet Sting (1)

Cyber Sex

PC 288.2 – Transmitting explicit or obscene matter to a minor with the intent of sexually arousing the sender and/or the recipient, and/or seducing the recipient.
element
Elements
  • Defendant knowingly sent, exhibited, distributed or offered to distribute by any means, obscene matter, or live or recorded telephone messages to a minor.
  • Defendant had knowledge that the victim was a minor or failed to exercise reasonable care in ascertaining the true age of the minor.
  • The defendant acted with the specific intent to arouse, appeal to or gratify the lust, passions, or sexual desires of his or her self or the child.
defenses
Defenses
  • Defendant did not transmit any “harmful matter”
  • Any matter transmitted was not “harmful”
  • No criminal intent
sentencing
Sentencing
  • Low: 2 years.
  • Mid: 3 years.
  • High: 5 years
  • Probation Eligibility: Yes
consequences
Collateral Consequences
  • Possible Professional License revocation/suspension/restriction 
  • DNA Bank
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
PC 288.3 Contacting a minor with the intent to commit a lewd act.
element
Elements
  • 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 , or gratify the lust, passions, or sexual desires of the defendant or the child.
defenses
Defenses
  • No intend to commit one of the underlying offenses.
  • Did not know the person was a minor.
  • Entrapment.
sentencing
Sentencing
  • Low: 1 year, 6 months;
  • Mid: 3 years
  • High: 4 years. 
  •  Probation Eligibility: No.
consequences
Collateral Consequences
  • Possible Professional License revocation/suspension/restriction 
  • DNA Bank
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
PC 288.4 - Arranging a meeting with a minor with the intent to engage in sexual conduct.
element
Elements
  • Defendant arranged a meeting with a minor or person he or she believes to be a minor for the purpose of (1) exposing his or her genitals or pubic or rectal area, (2) having the child expose his or her genitals or pubic or rectal area, or (3) engaging in lewd or lascivious behavior.
  • Defendant was motivated by an unnatural or abnormal sexual interest in children.
  • Defendant went to the arranged meeting place at or about the arranged time.
defenses
Defenses
  • Not motivated by a sexual interest in children;
  • No intent to engage in lewd activity at the meeting;
  • Did not know the other person was a minor;
  • Entrapment.
sentencing
Sentencing
  • Low: 2 years.
  • Med: 3 years.
  • High: 4 years.
  • Probation Eligibility: Special case.
consequences
Collateral Consequences
  • Possible Professional License revocation/suspension/restriction 
  • DNA Bank
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
664 288a Attempted Lewd Act on a child under the age of 14
element
Elements
  • Defendant intended to arouse, appeal , or gratify the lust, passions, or sexual desires of the defendant or the child and took a direct but ineffective step to lewdly touch the body of a child under 14 years of age.
defenses
Defenses
  • No direct act to commit a lewd act on a child
  • No intent to commit a lewd act on a child 
  • Abandonment of the attempt.
sentencing
Sentencing
  • Low: 16 months,
  • Mid: 4 years,
  • High: 4 years.
  • Probation Eligibility: Special case.
consequences
Collateral Consequences
  • Possible Professional License revocation/suspension/restriction 
  • DNA Bank
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration