Sex Crimes Defense FAQ

If you’re facing accusations of a sex crime, you likely have many questions about your rights, the legal process, and how to protect yourself. This FAQ is designed to provide clear and helpful answers, covering topics such as how to respond to accusations, the consequences of a conviction, and how a sex crimes defense attorney can help you navigate these challenges.

At Chastaine | Jones, we understand the sensitivity and complexity of these cases. Whether you need help fighting false accusations, understanding California’s Penal Code 290, or seeking options to avoid sex offender registration, our experienced sex crimes defense lawyers are here to advocate for your rights and future.

Sacramento sex crime attorney in court

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The first thing you should do is avoid speaking to law enforcement without an attorney present. Anything you say can be used against you in court. Contact an experienced sex crime defense attorney as soon as possible to protect your rights and build a strong defense.

Yes, false accusations can lead to arrest and charges. Our legal system allows individuals to be charged based on allegations, but an experienced defense attorney can help expose inconsistencies in the accuser’s story and fight for your innocence.

California Penal Code 290 requires individuals convicted of certain sex crimes to register as a sex offender. This can have significant personal and professional consequences. An experienced attorney can help you understand the requirements and explore options for reducing the impact on your life.

In some cases, yes. Depending on the charges, evidence, and your criminal history, it may be possible to negotiate a plea that avoids registration or to challenge the requirement in court.

A conviction for a sex crime can remain on your record permanently, affecting your reputation, employment opportunities, and housing options. However, expungement or record sealing may be available in certain circumstances. In California, there is a Tier designation, and some offenses may allow for relief from registration after 10 or 20 years. Talk to an attorney

Penalties and consequences vary based on the type of crime, but they can include prison time, mandatory sex offender registration, fines, and probation. Hiring a skilled attorney can help reduce or even dismiss the charges against you.

Yes, a conviction can be appealed if there were legal errors during your trial. An attorney can review your case to determine if there is a basis for an appeal.

Evidence may include DNA, witness testimony, digital communications, and forensic evidence. A skilled attorney can challenge the validity and relevance of this evidence in court.

Not always. Many cases are resolved through plea agreements or dismissals before trial. However, if your case goes to court, an experienced defense attorney can provide vigorous representation.

In California, the decision to pursue charges lies with the prosecutor, not the alleged victim. However, their willingness to testify can influence the outcome of the case.

Internet sex crimes encompass offenses such as possession or distribution of child pornography, solicitation, or online enticement. These cases are often prosecuted using digital evidence, which can be intricate and highly technical. Given the complexity of the technology involved, individuals accused of such crimes would greatly benefit from an attorney who understands the technical aspects and terminology, ensuring a robust and informed defense.

You have the right to remain silent, the right to an attorney, and the right to a fair trial. An attorney can help ensure these rights are protected throughout the legal process.

Defenses may include proving false accusations, lack of evidence, or mistaken identity. Your attorney will develop a defense strategy based on the unique details of your case.

Violating registration requirements can lead to additional criminal charges, including fines and jail time. An attorney can help if you’ve been accused of violating these requirements.

Yes, a skilled attorney can fight to protect your privacy during legal proceedings and work to clear your name through legal remedies like dismissals, acquittals, or expungements.

Do not speak to law enforcement without an attorney present. Politely decline to answer questions until your attorney can advise you.

The timeline varies depending on the complexity of the case, the charges, and the court’s schedule. Your attorney can provide a more specific timeline after evaluating your case.

Travel and relocation are restricted under the sex offender registry. Rules vary by state, and non-compliance can result in criminal penalties. An attorney can help clarify your options.

A plea bargain involves negotiating with the prosecutor to reduce charges or penalties. Your attorney will assess whether a plea bargain is in your best interest.

Our experienced attorneys specialize in sex crime defense. We understand the sensitivity and complexity of these cases and are committed to protecting your rights, reputation, and future.

Each case is different, every case has its own unique fact pattern and circumstances. However, cases are often investigated by collecting the statements of the involved parties including any witnesses. Further, any physical evidence is collected and preserved which can include anything from fingerprints, body fluids, DNA, or hair and fibber evidence. Additionally, law enforcement may seek electronic evidence that helps collaborate or prove the case. Lastly, law enforcement may attempt to conduct a pretext call in which they will direct involved parties to contact the accused individual to obtain admissions or other damaging information. If anyone is accused of sex crime, or is concerned that they could become accused of sexual misconduct, they should contact an attorney specializing in such allegations immediately to protect their interests and freedom.

Masturbating in public is generally illegal because it violates laws against indecent exposure and public lewdness. These laws are designed to protect the public from being exposed to potentially offensive and embarrassing situations. These laws are intended to protect individuals from being subjected to sexually explicit behavior without their consent. Public masturbation involves conduct that significantly deviates from accepted public norms, and when done in the presence of others who have not consented or expressed interest, it can be considered a form of non-consensual sexual behavior, which is why it is treated as a criminal offense.

In California, it is a misdemeanor to willfully engage in lewd conduct—such as touching one’s own or another person’s genitals, buttocks, or a female breast—with the intent to arouse, gratify, or offend sexually. In contrast, in a public place or a location visible to the public, and when someone else who might be offended is present. A conviction may result in up to six months in county jail and a fine of up to $1,000.

Public urination is usually charged as disorderly conduct or a public nuisance. If the police see you taking care of business, they are supposed to hand you a ticket. However, a ticket does not necessarily translate to joining the sex offender registry. However, in some cases, public urination could be charged under California Penal Code 314 PC, which pertains to “indecent exposure.” This law makes it a crime to expose one’s genitals in public when motivated by a desire to gratify oneself or another person sexually or to offend or insult.

In legal terms, “consent” refers to a voluntary, informed, and clear agreement to participate in a specific act or activity. It requires an affirmative, straightforward decision by each party involved, demonstrating a willingness to engage in the activity. Consent must be freely given, meaning it’s not the result of coercion, threats, or other forms of undue influence. 

Yes, California is a two-party consent state, meaning it is illegal to record a confidential conversation—whether in person, over the phone, or through electronic communication—unless all parties involved give their consent. Violating this law can result in criminal charges, including fines and possible jail time.

In California, a person may be arrested for engaging in sexual activity even if the other party appears to have consented if the circumstances invalidate that consent under the law. Consent is not considered valid if it is obtained through force, threats, coercion, or deception or if the individual is legally unable to consent—such as being under the age of 18, intoxicated, unconscious, or mentally incapacitated. Even if someone verbally agrees, if they are not in a state to make informed decisions, the law may still consider the act non-consensual. Additionally, consent must be ongoing and can be withdrawn at any time. If sexual activity continues after consent is withdrawn, it may be considered as a “statutory rape” criminal offense. 

In California, statutory rape refers to non-forcible sexual intercourse with a person under the age of 18 who is legally considered incapable of giving valid consent to sexual activity. This means that even if a minor willingly agrees to engage in sex, the law does not recognize that consent as valid. As a result, the older individual can still be arrested and prosecuted. The offense is formally known as unlawful sexual intercourse, and the severity of the charge depends on the age difference between the parties. Statutory rape is a serious criminal offense in California and carries significant legal consequences, including potential jail time, fines, and a lasting impact on one’s record.

In California, f someone lied about their age and that lie led to an illegal act, like statutory rape, you could still be arrested, even if you were unaware of the misrepresentation. The law in California, like in many places, doesn’t always consider “mistake of age” a valid defense for certain crimes. Discovering that someone lied about their age can feel unfair, especially if it leads to allegations of statutory rape. But in California, the law doesn’t always take intent or misunderstanding into account. Statutory rape can still be charged, even if the other person misrepresented their age.

Sex crimes are grave allegations. A conviction for a sex crime can lead to lifelong penalties and other consequences. The potential penalties for a conviction may include incarceration, high monetary fines, and mandatory registration on a state or federal sex offender registry. In addition, the court may preclude you from having any contact with your children.

In California, the penalties for sex crimes in 2025 have become even more severe and unforgiving, reflecting a zero-tolerance stance by the justice system.  Additionally, federal sex crimes often result in harsher penalties than their state-level counterparts. Laws around sex crimes are intentionally strict and the penalties are designed to be severe—not to be “mean,” but to reflect the seriousness of the harm these crimes cause to victims and society.

Yes, in California, you can be charged with a sex crime even if there was no physical contact involved. These include actions like sending explicit messages or images to minors, online grooming, possessing or distributing child pornography, secretly recording someone in a private setting, or soliciting sexual acts over the internet. Even without physical evidence, charges can be filed based on digital communications or the testimony of the alleged victim. These offenses can lead to felony charges, prison time, and mandatory registration as a sex offender. The legal system treats these crimes with the same gravity as physical offenses because of the psychological harm and exploitation they can cause. Also, it is possible to be charged with assault or battery even without direct physical contact. Assault involves placing someone in fear of imminent harm, and battery involves harmful or offensive touching.

Indirect harm, such as using objects to hit someone or actions that cause fear, can lead to charges.

 

Summary of the Sex Crimes Defense FAQ

This comprehensive FAQ addresses key concerns for individuals accused of sex crimes, including:

  • What to do if accused: Avoid speaking to law enforcement without a lawyer and contact a sex crimes defense attorney immediately.
  • False accusations: False claims can lead to charges, but inconsistencies in the accuser’s story can be challenged in court.
  • Sex offender registration: Learn how California’s Penal Code 290 affects you and explore ways to avoid or challenge registration requirements.
  • Legal penalties: Convictions may lead to prison, fines, and permanent records, but skilled legal defense can mitigate these outcomes.
  • Defense strategies: From proving false accusations to challenging evidence, an experienced lawyer tailors defenses to each unique case.
  • Appeals and plea bargains: Legal errors in trials can be grounds for appeal, while plea negotiations may provide alternative resolutions.
  • Protecting your rights: From your right to remain silent to ensuring a fair trial, a sex crimes defense lawyer will safeguard your interests.

If you or someone you know is accused of a sex crime, contact Chastaine | Jones to discuss your case. Our team specializes in sex crimes defense and is dedicated to helping you protect your reputation and freedom.