The state of California uses Penal Code 289.6 to prosecute individuals for having sex with an inmate. Having sex with an inmate is a misdemeanor in California. However, it may convert to a felony in some cases.
Having sex with an inmate can also impact an individual’s job in California. Reach out to the Simmrin Law Group for help today by calling (310) 997-4688.
Sex Crimes Involving an Inmate
PC 289.6 makes it illegal for people to engage in sexual relations with an inmate in California. Acts of sexual activity that are considered “sexual relations” under PC 289.6 include:
- Sexual intercourse, or the penetration of a vagina with a penis
- Sodomy, or the penetration of an anus with a penis
- Oral copulation, or touching the mouth to someone’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. Individuals who touch their own genitals around a prisoner could also face PC 289.6 charges.
Inmates in the State of California
California defines “inmates” in regards 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 a PC 289.6 charge.
Understanding PC 289.6 Charges
PC 289.6 forbids specific people from having sex with an inmate in California. According to PC 289.6, it is against the law to engage in sexual activity with a prisoner as a:
- Publicly or privately employed prison guard
- Volunteer at a prison
- Contractor at a prison
- Person employed by the Department of Corrections and Rehabilitation
- Police or parole officer
These individuals are not allowed to engage in sex with inmates due to a power imbalance. Prisoners cannot offer clear consent for sexual activity with these individuals. Therefore, it is against the law to engage in sex acts, even if the prisoner says they want to partake in such an action.
Results of a Conviction Under PC 289.6
Having sex with an inmate is a misdemeanor in California. However, this charge may be considered a felony if:
- The sex act included penetration
- The sex act included oral copulation
- The accused was previously convicted of a PC 289.6 violation
Individuals convicted under PC 289.6 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.
Legal Defenses for PC 289.6 Charges in California
You can build a defense if you were accused of having sex with an inmate in California. For example, you may be able to avoid a conviction if you had sex during a conjugal visit with an inmate.
You may also be able to avoid a conviction if there was no intention of sexual gratification. For example, a lawyer can help you prove that you touched an inmate to perform a lawful search or to carry out a legal medical examination.
A sex crime lawyer in Los Angeles can also help you prove false accusations. Call the Simmrin Law Group today, and let us help you in and out of court.
Let Us Help You Fight Penal Code 289.6 Charges Today
If you were accused of having sex with an inmate in California, the Simmrin Law Group can help you fight those Penal Code 289.6 charges. Our criminal defense lawyers in Los Angeles are prepared to assist you. Reach out to us today by calling (310) 997-4688, or complete our online contact form.
We’re ready to review your case with a free consultation.