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Sex Crimes | San Diego Law Blog
Child Pornography Charges: Legal Defenses and Consequences
Child pornography charges are among the most serious offenses you could face. Understanding the legal landscape and the potential defenses is crucial if you are charged with a child pornography crime.
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Sex Crime Defense for LGBTQ+: Challenges and Considerations
LGBTQ+ individuals face unique challenges in sex crime cases. They may encounter stereotyping, bias, and discrimination within the legal system. Police brutality against the LGBTQ+ community is common, particularly against transgender individuals. Statutes related to sex and HIV may be enforced in a discriminatory manner. If convicted and sentenced to jail or prison, LGBTQ+ individuals may become victims of rape or abuse disproportionately to the general population.
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Discussing the Role Consent Plays in Sex Crime Charges
Consent is a crucial factor in sex crime cases, playing a significant role in determining the legality and potential liability of the parties involved. It is important for criminal defense lawyers to shed light on the complexities surrounding consent in sex crime charges. We will explore the concept of consent, its importance in sex crime cases, and the legal implications it carries.
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How California’s Sex Offender Registry Affects Those Listed
If you have been charged with a sex offense in California, you may be required to register as a sex offender if convicted. This is a penalty to be avoided if at all possible. Sex offender registration has far-reaching consequences that can impact every aspect of your life.
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The Sting: Understanding Entrapment and Prostitution
California has taken a mixed stance on prostitution over the years. While it is illegal in all contexts across the state, new laws have been enacted to protect prostitutes from prosecution in certain scenarios… but the state has also continued efforts to limit prostitution as much as possible. For “johns” and other sexual solicitors, there are still harsh penalties, and law enforcement has continued to utilize prostitution stings to catch and prosecute offenders.
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The Legality of Sexting in California
Since the invention of Craigslist, the internet has hosted numerous posts surrounding users’ romantic and sexual interests. While some instances do lead to genuine and respectful connections, others can devolve into inappropriate and even nonconsensual messages. The further expansion of cell phones, social media, and dating apps led to the development of “sexting,” the sending of intimate and sexual messages through digital devices. This unique form of communication has become commonplace in modern society, but California courts are slowly coming to terms with how to handle situations when sexting involves criminal actions.
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Does Breastfeeding in Public Qualify as Indecent Exposure?
While society continues to debate over the social acceptability of public breastfeeding, California law has held a firm stance on the matter for nearly two decades. California Civil Code, Section 43.3 was established in 1997 and grants mothers the right to breastfeed her child in any private or public place in which she and the child are authorized to be. The National Conference on State Legislatures reports that forty-five states, the District of Columbia and the Virgin Islands have laws that specifically allow women to breastfeed in any public or private location.
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What Should I Do if I’m Arrested for Soliciting a Prostitute?
Sex crime charges are some of the most serious offenses an individual can face. Having a sex crime conviction on your record can damage your reputation, ruin your career, and cost you your freedom. That is why it is so crucial that you work with a defense attorney to protect your future.
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What Happens If I Fail to Register as a Sex Offender?
If you have been convicted of a sex crime in the state of California, there is a good possibility that you will be required to register as a sex offender once you have served your time. As if spending time behind bars isn’t bad enough, California Penal Code §290 requires you to provide the local authorities with your personal information and details about your case—which, unfortunately, may be a lifetime commitment. To make matters worse, you could face additional charges for failing to register within 5 days of your release from jail or prison. Fortunately, the San Diego criminal defense attorney at our firm can provide you with an aggressive defense if you have been accused of committing such a violation.
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Can I Be Charged with Statutory Rape if it was Consensual?
In the state of California, you could be charged with statutory rape if you, as an adult, have engaged in sexual intercourse with a minor (i.e. someone under the age of 18). Since the age of consent is 18, the law states that a minor cannot legally agree to engage in sexual intercourse—regardless of whether or not they wanted to participate in the sex act at the time. While this scenario may not seem like it fits the definition of rape, which involves forcing another person to engage in sexual intercourse against their will, it is still against the law. Even if both parties have been involved in a long-term relationship, one could be charged with statutory rape if they have sex with their partner before they have reached the legal age of consent.
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Child Pornography Charges: Legal Defenses and …