Sexual assault is a criminal offense in California. Some forms of sexual assault are treated more harshly than others in the court system. Aggravated sexual assault on a child is one of the more serious sex crimes in California. The court uses Penal Code 269 to prosecute this act.
A PC 269 charge may lead to prison time and fines. Individuals convicted of this crime may have to register as sex offenders. You may review the defenses available to you by calling the Simmrin Law Group at (310) 997-4688.
Aggravated Sexual Assault on a Child Charges
California uses a specific definition for aggravated sexual assault on a child. This charge may only apply in some cases. Individuals face this charge for sexual assault on minors who are:
- Younger than 14, and
- At least seven years younger than the accused
Note that not all sex crimes involving minors lead to PC 269 violations. Individuals may only face these charges if they carry out certain sex crimes. PC 269 charges may be used if someone is accused of sexual penetration, including sodomy, and oral copulation.
Other Child Sex Crime Charges in California
Sex crimes involving minors in the state of California are all treated very seriously by the court system. Some examples of sex crimes involving children include:
- Lewd acts on a minor child
- Continuous sexual abuse of a child
These acts are examples of child molestation or child sexual abuse and often lead to harsh penalties after a conviction.
Results of a Conviction for a PC 269 Violation
Individuals charged with aggravated sexual assault on a child under PC 269 may face prison time. Depending on the charge, an individual could spend a minimum of 15 years in prison.
Some PC 269 convictions lead to life in prison. Individuals who are released from prison must register as sex offenders. Refusal to register as a sex offender is a criminal act after a PC 269 conviction. Individuals must stay registered as a sex offender for the rest of their life after a conviction.
You should know that aggravated sexual assault on a child is a felony in California. And a felony conviction can impact where an individual works or lives. Additionally, felons are not legally allowed to own or purchase firearms in California.
Possible Defenses to Aggravated Sexual Assault on a Child Charges
If you are facing a PC 269 charge, there are defenses available to you. You can choose to build a case with a criminal defense lawyer in Los Angeles to show that:
The Crime Did Not Involve a Child
As we mentioned, PC 269 only applies in specific cases. The victim of the crime must be younger than 14. They must also be at least seven years younger than the accused. This means that PC 269 charges may not apply if a 19-year-old is accused of assaulting a 14-year-old.
There Was a False Accusation
There are times when individuals are falsely accused of a PC 269 violation. This may occur if someone claims they were assaulted when they were not. In these situations, a lawyer could work to disprove the claims of the alleged victim.
An Individual Was Coerced to Confess
If you were forced to confess to a PC 269 violation by way of force or threats, you may be able to fight this charge. In this situation, a judge may rule to set aside your confession. This could result in a weaker case for the prosecution in California.
Find Out More About PC 269 Charges in California
Sex crimes are very serious offenses in California. Aggravated sexual assault on a child is a type of sex crime prosecuted under PC 269. The Simmrin Law Group can provide you with additional information about how to defend yourself against a sex crime charge. Reach out to us for a free consultation at (310) 997-4688. You may also complete our online contact form.