Oakland Sex Crime Lawyers

Engaging in lewd conduct in a public place or soliciting or engaging in prostitution are acts considered “disorderly conduct” under California Penal Code §647. These crimes are misdemeanors in Oakland and elsewhere in the state.

Some sex crimes may be treated as a misdemeanor in certain circumstances and a felony in others. These are known as “Wobblers” because they can “wobble” up to a felony or “wobble” down to a misdemeanor. For example, depending on the circumstances, sexual battery—which consists of touching the intimate body parts of another for sexual gratification when the person being touched either does not or cannot legally consent—may be considered a misdemeanor punishable by up to one year in jail or a felony offense punishable by a prison sentence of two or more years.

In the same vein, statutory rape—which occurs when an adult has sexual relations with a minor under the age of 18—is treated as a misdemeanor if the adult is no more than three years older than the minor, but as a felony if the age disparity is greater.

Finally, indecent exposure—which consists of exposing private body parts either in public or in any place where there are people who could be annoyed or offended—is generally considered a misdemeanor punishable by no more than one year in jail unless the individual involved has prior convictions, in which case the offense could be considered a felony.

Rape is arguably the most notorious sex offense in the state of California. As defined in Cal. Pen. Code §261, an individual commits this offense by having sexual intercourse by force—or by threat of force or retaliation—under false pretenses, with someone who does not consent or is physically or mentally incapable of giving consent, or with someone who is intoxicated, drugged, or unconscious.
Sex offenses involving children are considered especially egregious. Possession, distribution, and production of child pornography are all felony offenses, as is touching a child under the age 14 for purposes of sexual gratification. Committing a sex act with a child is an offense with a lengthy minimum prison sentence and a maximum sentence of life in prison.

One of the most pervasive penalties associated with a sex crime conviction is the requirement to register as a sex offender. Individuals convicted of specific sex crimes are required to register with local law enforcement every year within 5 days of their birthday or, if they move, within 5 days of moving. At one point, all sex crime convictions in California required a person to register as a sex offender for life. California’s sex offender registration is now broken down into three tiers based on severity:

The sex offender registry is a major consequence for individuals convicted of a sex crime. Not only will they be required to register as a sex offender, but their information will be shared publicly due to what is known as Megan’s Law.

Megan’s Law, enacted in 1996 by Penal Code 290.46, requires the California justice department to notify the general public about registered sex offenders. It also requires local law enforcement agencies to notify the public about violent registered sex offenders who may be a risk to the safety of the public. Megan’s Law is prevalent in every state in some form or fashion.

Typically, the information listed on this website includes names, aliases, height, weight, date of birth, photos, and addresses in specific circumstances. Click Here to Visit California’s Megan’s Law Website.