Have you, as a representative of the state or a prison staff member, been accused of violating California Penal Code 289.6 PC, having sex with an inmate? You may face misdemeanor or felony charges for an alleged conjugal visit unless you have experienced criminal defense attorneys on your side.
Engaging in sexual activity with a prison inmate does more than put you at risk for criminal charges. If you don’t fight back against the accusations brought against you, you may lose your job, lose personal relationships, and have a considerably harder time finding housing.
Fortunately, our sex crimes lawyers in Los Angeles, CA, offer common defense consultations free of charge. You can schedule an initial consultation with one of our representatives to discuss the logistics of your Penal Code 289.6 charges.
We’ll provide the information you need to understand California’s Penal Code and fight the charges you’re facing.
Who Does Penal Code 289.6 Apply to?
Our Los Angeles criminal defense lawyers know that Penal Code 289.6 bars specific parties from engaging in sexual relationships with imprisoned parties. These parties include:
- Police officers
- Prison guards
- Jail staff members
- Department of Corrections employees
- Parole officers
- Detention center staff
- Healthcare staff
- Any staff person under contract with the state of California
This code emphasizes that the mismatch in power between the parties allegedly involved in a sexual relationship can lead to sexual battery, assault, and abuse.
In other words, this code doesn’t punish parties based on sexual desire but rather insists that prisoners and other incarcerated parties be protected from mistreatment and humiliation.
For a free legal consultation with a sex with an inmate lawyer serving California, call (310) 896-2723
What to Do if You’re Charged With a Penal Code 289.6 PC Violation
If you’re accused of engaging in prohibited physical contact with someone in a correctional facility, jail, or prison, the state of California has the right to level criminal charges against you. It does not matter whether you and the other involved parties were adults or if all parties consented to the sexual contact.
However, police officers and detention facility staff members can willfully or accidentally misinterpret your behavior as sexual. If you believe you’re facing wrongful accusations of sexual misconduct with someone serving time, you have the right to seek our representation.
Our California criminal defense lawyers can help you break down the legal definition of “sexual activity involving an inmate” and highlight any instances of bias that may have prompted supervising parties to level false allegations against you. We can go on to represent you in court and protect you from a criminal conviction.
California Sex With an Inmate Lawyer Near Me (310) 896-2723
Sex Crimes Involving an Inmate
PC 289.6 defines prohibited “sexual activity” with an inmate as:
- Penetrative sex involving the penetration of a vagina with a penis
- Penetrative sex involving the penetration of someone’s anus with a penis
- Oral sex, or putting someone’s mouth in contact with someone else’s genitals or anus
- Sexual penetration with a foreign object
You could also face this charge if you touched an inmate’s sexual organs without engaging in penetration. For example, touching an inmate’s breasts is considered sexual activity.
Correctional staff and other parties who touch their own genitals around a prisoner could also face Penal Code 289.6 charges. In other words, sexual displays by staff members are strictly prohibited and may result in fines and imprisonment.
Inmates in the State of California
California defines “inmates” in regard to PC 289.6 charges as individuals who are forced to stay within detention facilities. Detention facilities in California include:
- Prisons or jails
- Interrogation rooms in police departments
- Hold cells
- Prisoner transport vehicles
Individuals who are confined to mental health institutions are also considered inmates. Additionally, individuals who are out on parole are still inmates for the purposes of Penal Code 289.6 charges.
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Results of a Conviction Under PC 289.6
Normally, parties accused of engaging in consensual or non-consensual sexual activity with an inmate in California would only face misdemeanor charges. However, Penal Code 289.6 convictions are considered “wobbler crimes,” meaning they can turn into a felony charge under certain circumstances.
Authoritative parties may face felony charges for the abuse of an inmate if they’re accused of:
- A sex act including penetration
- A sex act including oral copulation
- A sex act involving someone with a physical disability
- A sex act involving a minor or someone in a juvenile facility
- The accused was previously convicted of a Penal Code 289.6 violation
Individuals convicted under Penal Code 289.6 PC could face a year in jail. They could also face fines of up to $10,000. The severity of these charges can increase if the person was a minor at the time. Individuals could also face additional charges in this case, such as statutory rape.
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Legal Defenses for Penal Code 289.6 Charges in California
You have every right to speak with a criminal defense attorney about your right to representation following accusations of having sexual relations with an inmate in California.
An experienced legal representative can walk you through some of the best defenses to use to refute accusations of a conjugal visit or have the charges brought against you reduced. For example, your representative can argue that you had no intention of sexual gratification and were instead performing a lawful search or medical examination.
A sex crime lawyer in Los Angeles can also help you prove false accusations, especially if you believe the charges brought against you were made with malicious intent or out of bias.
Let Us Help You Fight Penal Code 289.6 PC Charges
Being convicted of a crime and confined in a jail, prison, mental institution, or similar facility does not rob those inmates of all their rights. However, you have every right to challenge accusations of Penal Code 289.6 violations, especially when they endanger your professional and personal standing.
Our criminal defense attorneys in Los Angeles can help you prepare a defense based on the specifics of the accusations brought against you. We offer free defense consultations to anyone who wants to discuss their right to representation in court or the value of certain plea agreements.
You can contact our representatives today to learn more about your right to a defense against wrongful misdemeanor and felony convictions.
Call or text (310) 896-2723 or complete a Free Case Evaluation form