Sex With A Minor Criminal Charges
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Unlawful sex with a minor is a serious offense
California law Penal Code 261.5 PC (a) states unlawful sex with a minor or statutory rape occurs where any person engages in sexual intercourse with a minor and is not married; a minor is any person under the age of 18. In order to be charged with this crime, overt force or threat do not need to be present.
Three pieces of criteria must to satisfied in order to be charged with this crime:
- You had sexual intercourse with the victim; and
- You and the victim were not married at the time of intercourse, and
- At the time of intercourse, the victim was under the age of 18.
There are many laws that govern unlawful sex with a minor. You may be charged with a misdemeanor or a felony for this crime. The age difference among the defendant and minor is the primary element that determines the type charge and thus, the penalty.
For example, California law Penal Code 261.5 (b) states: “any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.”
However, Penal Code 261.5 (c) states: “any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison.”
Furthermore, Penal Code 261.5 (d) prescribes: “any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison for two, three, or four years.”
Unlawful sex with a minor is a serious offense. Sentencing and punishment for this crime can be severe and potentially life changing. Contact an experienced Sacramento criminal defense attorney who will carefully review the facts of your case and the law and give you the best representation possible. Call our office today. We will evaluate the facts of your case, present you with the best legal options available for your case, and protect your legal rights throughout the trial and investigation process. Get the representation that will make all the difference for your case, call now.
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Being convicted on domestic violence charges can carry severe penalties. Domestic abuse and violence cases are a specific area of law that requires an experienced Sacramento criminal defense attorney to navigate successfully. The Law Office of Wing & Parisi is dedicated to provide exceptional customer service and excellent legal representation for those charged with any type of crime.
Whether it’s your first charge or your second, you need a dedicated and skilled attorney by your side. Contact us online or call at (916) 441-4888 for a free and confidential case consultation, available in Spanish. We appear in state and federal courts in the Sacramento and Davis communities as well as throughout Placer and San Joaquin counties.