California uses a statute of limitations for many different criminal charges. A statute of limitations limits how long the prosecution can wait to file charges after an alleged crime. Penal Code 801.1 is the statute of limitations for specific sex crimes.
The Simmrin Law Group is ready to provide you with assistance in fighting charges under PC 801.1. Simply call us at (310) 997-4688 to get started.
Violations Under PC 801.1
PC 801.1 defines how long the prosecution can wait to file charges for people accused of some sex crimes. However, PC 801.1 does not apply to all sex crimes here in California. Specifically, it deals with:
- Lewd acts with a minor
- Oral copulation with a minor
- Continuous child sexual abuse
- Sexual penetration
These are only some of the sex crimes covered by PC 801.1. This section of the penal code also deals with all of the charges that require registration as a sex offender in California. All of the charges above require this registration, as well as:
- Sexual battery
- The creation, possession, or distribution of child pornography
- Human trafficking
A sex crimes lawyer in Los Angeles can provide you with more information about the charges covered by PC 801.1 and how to fight back. All of these charges can lead to very serious consequences after a conviction. California harshly prosecutes sex crimes. A conviction could result in:
- Jail or prison time
- Registry on a sex offender list
You can reach out to us if you are facing sex crime charges in Los Angeles. Find out more about defenses against these charges by calling (310) 997-4688.
The Statute of Limitations for Specified Sex Crimes in California
According to PC 801.1, the prosecution can file charges at all different times. The exact time limit as far as the statute of limitations is concerned depends on the victim’s age at the time of the offense. There are time limits for:
Individuals Who Were Under 18 When the Sex Crime Occurred
Individuals who experienced sexual abuse as minors have a long time in which to press charges. However, the prosecution must file charges before the alleged victim turns 40.
Individuals Who Were Over 18 When the Sex Crime Occurred
Alleged victims who are over 18 have less time to file criminal charges. They must file charges within 10 years of the alleged offense. However, there are several exceptions that allow the prosecution to file charges after this time limit expires.
Exceptions to the Statute of Limitations Under PC 801.1
There are a few exceptions to PC 801.1 regulations that allow the prosecution to file charges when the statute of limitations would have otherwise expired. There are two primary sections of the penal code that deal with these exceptions. They include:
Penal Code 803(f)(1)
PC 803(f)(1) applies if the prosecution has independent corroborating evidence proving a sex crime involving a minor has occurred. The crime must involve a substantial amount of sexual conduct for this statute to apply. In this situation, the prosecution can file charges even if the alleged victim is over 40.
However, in order to file charges, there must be additional evidence indicating that a crime occurred. This evidence cannot involve statements from medical professionals but must support the victim’s claims.
Penal Code 803(g)
PC 803(g) also allows the prosecution to work around the statute of limitations for certain sex crimes. This section of the penal code covers the DNA exception rule. Basically, the prosecution can pursue charges if there is DNA evidence tying someone to a criminal charge.
However, while the prosecution still has to file criminal charges fairly quickly, in this case, the court limits the amount of time they have. Specifically, the prosecution has a year from the time the DNA evidence becomes available to file charges. Learn more about these exceptions and how to fight back with the Simmrin Law Group.
Fight Violations Under Penal Code 801.1 with the Simmrin Law Group
California has a statute of limitations for specific sex crimes, which is covered by Penal Code 801.1. Our criminal defense lawyers in Los Angeles are here to help defend you against PC 801.1 charges. Reach out to the Simmrin Law Group right now for a free consultation.
Just call us at (310) 997-4688. You can also fill out our online contact form.