Penal Code 288.1 does not deal directly with a criminal act in California. Instead, Penal Code 288.1 PC | Mental Health Evaluations in Sex Offender Cases relates to the use of mental health evaluations in sex offender cases.
The court uses these evaluations when determining whether a sex offender may receive parole or not. The court system requires the use of these evaluations before the court approves parole.
You can find out more about the sex crime charges that require these evaluations in California from a Los Angeles sex crimes lawyer.
Uses of Mental Health Evaluations in Sex Offender Cases
In many sex crime cases, individuals face time in jail or prison after a conviction. However, the court may decide to grant an individual probation after a period of time. Probation allows an individual to leave jail or prison. Before the court grants probation, it may order a PC 288.1 report.
Not everyone can complete a PC 288.1 report. Either a psychiatrist or a psychologist must complete this kind of report.
These professionals are required to review the defendant’s history. They must also consider the facts about the specific offense that resulted in jail or prison time. The court only uses PC 288.1 reports in some sex crime cases, only those cases involving sex crimes against children under 14.
Specific Charges Associated With a PC 288.1 Report
Not all individuals accused of a sex crime obtain a PC 288.1 report. This report only applies if someone faces a conviction for specific sex crimes involving minors. There are several charges used to prosecute child sexual abuse in California.
Charges that require Penal Code 288.1 PC | Mental Health Evaluations in Sex-Offender Case include:
Sexual Battery
Individuals may face charges for sexual battery if accused of touching someone else’s intimate parts without that individual’s consent. This charge should only apply if someone acts for:
- Sexual gratification
- Sexual abuse
- Sexual arousal
Typically, individuals face misdemeanor charges when accused of sexual battery. However, individuals may face felony charges if the criminal act involves medically incapacitating or restraining the alleged victim. Felony charges also apply for unconscious victims.
A conviction could result in time in county jail, fines, and other penalties. A Los Angeles sexual battery defense lawyer can handle these charges. If a lawyer successfully defends a client against these charges, they will not have to worry about seeking probation or a mental health evaluation.
Rape
Individuals may face a rape conviction if a prosecutor argues that they engaged in non-consensual sexual activity with another party. Minors cannot consent to sexual activity, even if they initiate the sexual contact.
A criminal defense attorney in Los Angeles can provide more information about this charge and the potential penalties for a conviction, including fines, time in county jail, and potentially probation.
California considers rape one of the most serious sexual offenses, especially if the act involves a minor. Under Penal Code 288.1 PC | Mental Health Evaluations in Sex Offender Cases, individuals convicted of rape of someone under 14 must complete a psychological evaluation before they receive probation.
Sodomy
Individuals in California can face a sodomy conviction in some circumstances. Sodomy involves contact between one person’s penis and another person’s anus. California only considers sodomy illegal if one party is:
- Forced into the act
- Unable to consent
- Incarcerated
- Under 18
Individuals may require a mental evaluation report before they get probation after a sodomy conviction. Building a legal defense before a conviction may help individuals face these accusations and avoid penalties like incarceration and fines.
A lawyer can provide more information about California’s sodomy laws.
Oral Copulation by Force or Fear
Individuals can face charges for oral copulation with a minor by force or fear for non-consensual sex acts involving one person’s mouth and another person’s genitals or anus.
Individuals may need a Penal Code 288.1 PC | Mental Health Evaluations in Sex Offender Cases report if this crime involves a child under age.
Lewd Acts With a Child
Finally, individuals may face criminal charges for lewd acts with a child. Touching any child under the age of 14 for sexual purposes can result in this criminal charge, which will appear on an individual’s criminal record after a conviction.
You should be aware that these are not the only charges that require a Penal Code 288.1 PC | Mental Health Evaluations in Sex Offender Cases report. Generally, any sex crime involving a minor under 14 will require a PC 288.1 report before the court grants probation.
Convicted sexual offenders may face other penalties, including a prison sentence, fines, and requirements to attend a sex offender treatment program before they receive probation.
Restrictions on Who Can Perform a Mental Health Evaluation
The purpose of a Penal Code 288.1 PC | Mental Health Evaluations in Sex Offender Cases hearing is to determine if the defendant’s criminal conduct will occur again or if the defendant is still a threat to children.
The psychiatrist or psychologist who carries out the evaluation makes this determination. The mental health professional who conducts the assessment must be reputable.
In most cases, the defendant must pay for the examination and report. However, the court may have the county pay the fees in some cases. In this situation, the court selects a psychiatrist to perform the examination.
Can a Psychologist Complete the Mental Health Evaluation?
According to Penal Code 288.1 PC | Mental Health Evaluations in Sex Offender Cases, if the court uses a psychologist to conduct the examination, they must have at least five years of postgraduate experience regarding emotional and mental disorders.
Additionally, the psychologist must have a doctoral degree in psychology.
Only after the successful completion of a mental health evaluation will the court consider offering probation in these cases. If a psychologist decides an individual is still a danger to children, the court may not award informal or formal probation.
Will the Court Require Other Testing?
The court system in California may request a doctor to perform additional testing. In some cases, the court requires the completion of a Static 99 (Static-99R Dynamic Risk Assessment) test.
This generalized test can indicate whether or not someone will commit the same criminal act. The test provides information about whether a convicted individual represents a low, middle, or high risk to other members of society.
This test only works when applied to adult males accused of these crimes and completed by an appropriate mental health expert. A lawyer can provide more information about this testing and whether an individual will have to go through with the process.
Limitations on PC 288.1 Reports in California
The court does not have to carry out a Penal Code 288.1 PC | Mental Health Evaluations in Sex Offender Cases in all cases involving sex crime convictions. For example, if the court intends to deny probation, the judge may not request a mental examination.
These examinations only apply when the court is considering probation. They allow the court to determine whether or not to release an individual on probation. Individuals have to follow specific rules while they’re on probation in California.
The court sets out regulations for individuals on probation. While on probation, individuals may have to meet with a probation officer regularly and find a job to avoid subsequent criminal charges.
What Happens if Individuals Violate Their Probation in California?
Failure to adhere to all the terms of probation is a criminal act in California. Individuals in this situation may face charges for a probation violation. Probation violations may lead to harsher probation requirements.
It could also result in canceling the probation and returning an individual to jail or prison. Find out more about probation in California by contacting a probation violations lawyer in Los Angeles right now. A criminal defense lawyer can provide more information about this situation.
Does Getting Probation Affect an Individual’s Status on the Sex Offender Registry?
Individuals convicted of some sex crimes in California face a sex offender registration requirement. Offenders on probation remain on the sex offender registry. Individuals must register with local law enforcement annually, and every time they move residences.
California previously required lifetime sex offender registration in many cases. However, Senate Bill (SB) 384 changed these regulations. California now has a three-tier system for individuals who face a sex offender registration requirement, including:
Tier One
Individuals may only have to stay on the sex offender registry for 10 years for a tier-one offense. Indecent exposure or crimes like misdemeanor sexual battery may result in this restriction.
Tier Two
Sex offender registration requirements increase for more severe crimes, like lewdness with a minor under 14. Individuals convicted of this crime may have to stay registered as a sex offender for a minimum of 20 years.
Tier Three
Finally, some individuals must remain on the sex offender registry for the rest of their life. Tier three offenses include crimes like rape and the sex trafficking of children. California often considers individuals convicted of these crimes offenders for life.
Can You Avoid a PC 288.1 Evaluation?
Generally, individuals convicted of a sex crime involving a child under 14 must have a PC 288.1 evaluation before the court grants them probation. Therefore, individuals may avoid this hearing if they avoid a conviction.
A criminal defense lawyer can explore common defenses that work to handle sex crime charges after an individual faces an arrest. The exact defense will depend on the charges an individual faces, but an attorney may argue that no sexual contact occurred.
It’s essential to get professional help immediately after an arrest so that an individual can receive help throughout all criminal proceedings. A lawyer can help establish reasonable doubt for a misdemeanor or felony crime involving a child.
How Do Lawyers Handle Sex Crime Charges?
Lawyers use several methods to handle sex crime allegations to help clients avoid a conviction. An attorney may:
Get Charges Dismissed
In some situations, an attorney can push to have sex crime charges dismissed by the court. The court may set aside charges if the district attorney lacks enough evidence to secure a conviction or if the police violated the rights of the accused.
Get Charges Reduced
The prosecution may offer a plea bargain after some sex crime arrests. Often, this offer will depend on an individual’s past criminal history, their mental condition, and the circumstances surrounding their current charges.
A criminal defense lawyer can review all plea deals and see if they represent a good choice. Taking a plea deal requires an individual to admit fault for a less serious charge in exchange for reduced penalties.
Even with a plea bargain, individuals may face fines, jail time, requirements to register as a sex offender, and orders to complete a sex offender treatment program. Therefore, this option may not represent the best choice in all situations.
Fight Charges in Court
A sex crimes lawyer can also help clients face charges for lascivious conduct and other criminal offenses in the courtroom. Lawyers will review all potentially valid defenses when helping a client stand up to the charges brought by the district attorney.
Does California Offer a Mental Health Diversion for Sex Crime Charges?
The court system in California does not allow entry into a mental health diversion program for many individuals accused of sex crimes. This kind of diversion program can allow you to seek treatment for a mental health condition that could have led to a criminal act.
However, the state typically will not offer entry into a program if an individual still poses a risk to public safety. In many cases, this precludes individuals accused of a sex crime from seeking this kind of diversion, though they may still seek mental health treatment.
A criminal defense lawyer can review the specifics of a situation and provide more information about these legal options.
How Does a Lawyer Help After a Sex Crime Arrest?
A lawyer can assist with every aspect of a criminal case after an individual faces an arrest for a sex crime. Handling these charges before a conviction means that an individual can avoid the necessity of a Code 288.1 PC | Mental Health Evaluations in Sex-Offender Case.
Working with an attorney means an individual will have help:
During Legal Questioning
The police and prosecution can ask many questions after an arrest for a sex crime involving a minor under the age of 14. The professionals recommend that individuals get professional legal help before answering any of these questions.
The Sixth Amendment of the Constitution guarantees individuals the right to legal representation after an arrest. Exercising this right can help people avoid weakening their defense. The police and prosecution can use everything said to them against the accused.
During an Arraignment Hearing
Individuals will face an arraignment hearing after an arrest if the prosecution decides to press charges. During the arraignment hearing, the court will specify the charges an individual faces, and the accused will enter a plea.
Individuals can plead guilty, not guilty, or no contest. A lawyer can provide detailed information about what kind of plea to enter and why.
During a Bail Hearing
Some individuals will get a bail hearing after an arrest for a sex crime. Paying bail to the court may allow the accused to stay out of jail until the start of their criminal trial. A lawyer can push for a lower bail payment when possible.
Note that the court does not offer bail for all criminal offenses. It’s essential to reach out to a criminal defense law firm immediately to see if this payment will apply.
Work to Block Evidence
An attorney can take steps to block evidence that the prosecution could use to secure a conviction for a sex crime involving a child under the age of 14. Blocking the prosecution’s evidence can weaken their case and may result in the dismissal of charges.
What Happens After a Sex Crime Conviction?
Individuals convicted of a sex crime involving a minor under the age of 14 can face numerous penalties. These individuals may face:
- Years of time in jail or prison
- High fines
- Requirements to attend a sex offender treatment program
If the sex crime involves violent actions, individuals can face additional penalties. For example, individuals convicted of a violent felony may lose their rights to own or purchase a firearm. Typically, California will not return these rights even after an individual serves their jail time.
The harsh results of a conviction make it essential for an individual to immediately seek help from a criminal defense law firm after an arrest.
Can You Expunge a Sex Crime Conviction in California?
The court system in California often does not allow for the expungement of sex crime convictions. The expungement process removes criminal charges from an individual’s record. However, this option may not remain available after a sex crime conviction.
Some Sex Crimes Can Lead to Deportation
Some convictions for a sex crime can result in deportation in California. If an individual faces deportation, they may never have a chance to get probation through a PC 288.1 hearing.
An attorney can help individuals deal with charges before a conviction to help in this regard.
Review the Facts About Mental Health Evaluations in Sex Offender Cases
The court system sometimes orders mental health evaluations in sex offender cases. Penal Code 288.1 PC | Mental Health Evaluations in Sex Offender Cases defines these evaluations. The court only uses them in cases involving acts of child sexual abuse.
Get information about how to fight sex crime charges in California by reaching out to the Simmrin Law Group for a free consultation. You can rely on a criminal defense attorney from our firm to represent your best interests, review all your legal options, and answer your questions.
We’re standing by to use our years of experience to help you or a loved one after a sex crime conviction. You can call or complete our online contact form to learn more.