Sex With a Child Charges Defense Attorney
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In California, the crime of sex with a child 10 years of age or under is a serious offense. If you’re found guilty, you face a lengthy prison sentence, even if this was your first violation. In addition to incarceration, you may be required to register as a sex offender. With a criminal record and sex offender registration requirement, readjusting to society after you have completed your sentence may be difficult: You may be restricted on where you can live, you could face psychological effects because of social stigma, your relationships could become strained, and you might have difficulty finding a job.
Because sex with a child 10 years of age or younger comes with such long-lasting and damaging consequences, having a skilled attorney on your side to fight charges is important. The State will work relentlessly to build a strong case in these types of matters. When you retain legal help from Second Chances Law Group, you level the playing field. Our top priority is protecting your best interests, and we will explore every legal avenue to identify weaknesses in the prosecutor’s case and build a strong defense on your behalf.
If you’ve been accused of this offense, call us today at (626) 827-7222 for fierce legal representation.
What Is the Law on Sex with a Child 10 Years of Age or Younger?
In California, engaging in sexual conduct with a minor under 18 years of age is unlawful. The charges and penalties of such actions are increased when the child is 10 years of age or younger.
California Penal Code 288.7prohibits an adult 18 years of age or older from participating in any of the following sexual acts with a minor 10 years of age or younger:
- Sexual intercourse: The law defines sexual intercourse as penetration, however slight, of the vagina or genitalia by the penis.
- Sodomy: An act is considered sodomy if one person’s penis penetrates, regardless of how slight, the anus of another.
- Oral copulation: This conduct involves one person putting their mouth over the penis, vagina, or anus of another individual.
- Sexual penetration: This involves penetrating, no matter how slight, the child’s, alleged perpetrator’s genital or anal opening for sexual arousal or gratification. This type of conduct can also include penetration by a foreign or unknown object, instrument, substance, or device.
In cases where the person is accused of engaging in sexual intercourse or sodomy with a child 10 years of age or younger, the prosecution does not have to prove that ejaculation took place to land a guilty conviction.
What Are the Potential Conviction Penalties?
Sex with a child 10 years of age or younger is one of the most serious sex crimes. As such, it carries with it harsher penalties than others because of the age of the victim involved.
The punishments for a conviction can include:
- 25 years to life in prison: This penalty is imposed when a person 18 years of age or older engaged in sexual intercourse or sodomy with a child.
- 15 years to life in prison: This is triggered when an adult is found guilty of engaging in oral copulation or sexual penetration with a child.
A conviction also results in a designation as a Tier III sex offender. This is the highest classification and carries a lifetime registration requirement.
Are Defenses Available for This Offense?
Depending on the specifics of each case, various defenses may be raised.
Some possible defenses include, but are not limited to:
- False allegations
- Victim coached by others
- Mistaken identity of the accused
If you were accused of sex with a child 10 years of age or younger, it is best to consult with an experienced attorney to represent you. Our lawyer will provide dedicated legal representation and will seek to prevent a potentially lengthy prison sentence.
Facing Criminal Charges? Reach Out to Us Today.
At Second Chances Law Group, our team will fight hard to challenge the accusations you’re facing. We understand the seriousness of sex with a child 10 years of age or younger allegations and will work toward a favorable outcome in your case.
Request your free initial consultation by calling us at (626) 827-7222 or contacting us online.