You never thought it would come to this. The accusation may be a misunderstanding, exaggerated, or false. In California, a sex crime allegation can put prison, PC 290 registration, and your reputation at risk before a case is even filed. What you do in the first 48 hours matters.
The Law Offices of David S. Chesley defends people accused of sex crimes throughout California — with offices across Southern California (Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura counties) as well as Central and Northern California (Kern, Santa Barbara, Santa Clara, Fresno, Tulare, San Luis Obispo, Sacramento, Sonoma, Alameda, San Joaquin, and San Francisco counties, and beyond). We investigate, challenge the evidence, negotiate when that protects you, and try the case when it does not.
We will listen to your side of the story. Call (800) 755-5174 or contact us online for a confidential, free case review.
By Attorney David S. Chesley, California criminal defense since June 2005, SBN 236611. Page reviewed September 2026.
Why These Cases Are Different
A sex crime charge is not a typical misdemeanor or even a typical felony. A conviction can mean:
- State prison or jail
- Mandatory or discretionary sex offender registration under Penal Code § 290
- Public Megan's Law listing in many cases
- Employment, licensing, housing, custody, and immigration consequences
- A federal firearms ban and, in some cases, passport restrictions
Trying to "clear it up" with police, the accuser, or a school or Title IX office almost always makes the file worse. You need counsel who will protect the record and the rest of your life.
What to Do if You Have Been Accused
- Do not contact the accuser — even to apologize or "explain." That can be charged as witness intimidation or violating a protective order.
- Do not talk to police, detectives, or campus investigators. Say only: "I want to speak with my attorney."
- Do not consent to a phone or home search without a warrant and without counsel.
- Preserve everything. Don't delete texts, photos, apps, location history, or social media — deletion is often argued as consciousness of guilt.
- Write a private timeline for your lawyer only: dates, locations, witnesses, alcohol, prior relationship, and who else had a motive.
- Follow every release condition exactly (stay-away orders, no-contact, travel, devices).
- Get support outside the case — a counselor or one trusted person who will not post about it.
Early counsel can sometimes intervene before filing, especially in online sting, statutory, and "he said / she said" investigations.
Sex Crime Charges We Defend
Rape and Sexual Assault
Rape is charged under Penal Code § 261. It is a felony with a triad of 3, 6, or 8 years in state prison in a typical case, plus fines and usually Tier 3 lifetime registration. "Sexual assault" is not one statute — it often means rape, sexual battery (PC § 243.4), nonconsensual oral copulation (PC § 287), sodomy (PC § 286), or penetration with a foreign object (PC § 289).
Spousal rape under former PC § 262 was repealed in 2021. As of January 1, 2026, SB 258 also removed the remaining spouse-capacity carve-out in PC § 261. Rape inside a marriage is charged like rape between any other two people.
Child Sex Crimes
Common charges include lewd acts with a child (PC § 288), continuous sexual abuse (PC § 288.5), annoying or molesting a child (PC § 647.6), oral copulation or penetration involving a minor, and enticing a minor (PC § 288.3) or arranging a meeting with a minor (PC § 288.4). California has no general "Romeo and Juliet" defense. Age, force, and the specific code section drive both prison exposure and the registration tier.
Statutory Rape
Unlawful sexual intercourse with a minor is a misdemeanor or a wobbler depending on ages. Important 2026 change: for offenses on or after January 1, 2026, SB 680 added certain PC § 261.5(c) and (d) convictions to PC § 290. Those cases can require Tier 1 (10-year) registration, unless the defendant was not more than 10 years older than the minor and that is the only registerable conviction. Courts can still order registration under PC § 290.006. Offenses before January 1, 2026 are not brought onto the registry by SB 680. This should be analyzed before any plea.
Online and Digital Sex Crimes
These include child sexual abuse material (PC §§ 311–311.11), sending harmful matter to a minor (PC § 288.2), sexting involving a minor, and sting cases built on chats with an officer posing as a minor. Adult "revenge porn" is a separate offense under PC § 647(j)(4) and related statutes. Digital forensics — who had the device, hash values, unallocated space, account takeover, and intent — often decide the case.
Human Trafficking
Sex trafficking is charged under Penal Code § 236.1(b) and (c) and carries some of the most severe penalties in California's criminal code. Subdivision (b) covers depriving someone of their liberty to commit pimping, pandering, or child pornography offenses, punishable by up to 20 years in state prison. Subdivision (c) covers persuading or attempting to persuade a minor to engage in a commercial sex act, and can carry 15 years to life when force, fear, fraud, or coercion is used. A conviction requires lifetime Tier 3 sex offender registration. These cases frequently overlap with pimping and pandering allegations and often turn on financial records, communications, and the alleged victim's own statements.
AI-Generated and Deepfake Sexual Content
California law has moved quickly to address AI-generated sexual content. Effective January 1, 2025, AB 1831 and SB 1381 expanded Penal Code §§ 311, 311.2, 311.11, and 311.12 to criminalize the creation, distribution, and possession of AI-generated or digitally altered child sexual abuse material, subject to the particular definitions and conduct requirements in those sections. Separately, SB 926 extended California's revenge-porn law (PC § 647(j)(4)) to cover non-consensual, AI-generated sexually explicit images of adults that appear authentic. These are new, fast-evolving statutes, and the digital evidence in these cases — how an image was generated, by whom, and what platform it moved through — is often the center of the defense.
Related Charges
We also defend indecent exposure (PC § 314), lewd conduct in public (PC § 647(a)), failure to register (PC § 290.018), prostitution and solicitation (PC § 647(b)), pimping/pandering (PC §§ 266h, 266i), incest (PC § 285), aggravated sexual assault of a child (PC § 269), and assault with intent to commit a sex offense (PC § 220). Former § 653.22 loitering-with-intent cases are historical because that provision was repealed effective January 1, 2023; former convictions have a separate relief path under § 653.29. Those pages are linked from the list below.
Charges We Handle
Aggravated Sexual Assault of a Child · AI-Generated / Deepfake Sexual Content · Annoying or Molesting a Child · Arranging a Meeting With a Minor · Assault with Intent to Commit a Sex Offense · Child Molestation (PC 288) · Child Pornography · Enticing a Minor · Failure to Register · Human Trafficking (Sex Trafficking) · Incest · Indecent Exposure · Lewd Acts · Lewd Conduct in Public · Loitering to Commit Prostitution · Oral Copulation by Force · Oral Copulation or Sodomy With a Minor · Penetration by Force · Pimping and Pandering · Prostitution / Solicitation · Rape · Revenge Porn · Sex With a Minor / Statutory Rape · Sexting Involving Minors · Sexual Abuse · Sexual Assault · Sexual Battery · Sodomy by Force
How We Defend the Case
Pre-filing and investigation. If you are being investigated but not yet charged, we try to control contact with police, preserve favorable evidence, and, when appropriate, present a package that argues against filing.
Discovery and forensics. We obtain police reports, body-cam footage, SART/rape-kit notes, pretext-call recordings, phones, cloud accounts, and expert review of DNA, toxicology, and digital media. Many cases turn on delayed disclosure, inconsistent statements, suggestive interviewing of children, or missing intent.
Motions. Suppression under Penal Code § 1538.5, challenges to statements (Miranda / voluntariness), evidentiary fights under Evidence Code §§ 782, 1108, and 1101 (prior sexual conduct of the complaining witness, propensity evidence in sex offense cases, and character evidence generally), and motions to dismiss weak or overcharged counts.
Negotiation. The registration tier often matters more than a few months of custody. Reducing a Tier 3 offense to a non-registerable or Tier 1/2 charge can be the entire case.
Trial and sentencing. If the case should be tried, we try it. If there is a conviction, we litigate strikes, enhancements, and PC 290 placement.
What to Look for in a Sex Crimes Lawyer
- Direct experience with your statute (PC 261 is not the same case as PC 288.4)
- Willingness to do pre-charge work, not only arraignment-to-plea
- Honest assessment of registration risk, not just "jail vs. no jail"
- Availability and a single point of contact
- A record of results in California courts — not just a list of charges
Penalties (General Statutory Ranges)
| Charge | Statute | Level | Typical Custody Range |
|---|---|---|---|
| Rape | PC § 261 | Felony | 3, 6, or 8 years state prison; fine up to $10,000 |
| Statutory Rape | PC § 261.5 | Misd. or wobbler | Up to 1 year jail, or 16 months–4 years (facts-dependent) |
| Sexual Battery | PC § 243.4 | Misd. or felony | Up to 6 months jail, or 2, 3, or 4 years prison |
| Lewd Act With a Child Under 14 | PC § 288(a) | Felony | 3, 6, or 8 years (higher if force or younger child) |
| Arranging a Meeting With a Minor | PC § 288.4 | Wobbler | Up to 1 year jail, or 2, 3, or 4 years prison |
| Indecent Exposure | PC § 314 | Misd. or felony | Up to 1 year, or 16 months–3 years |
| Child Pornography Possession | PC § 311.11 | Wobbler / felony | Jail, or 16 months–3+ years; registration often Tier 3 if felony |
| Prostitution / Solicitation | PC § 647(b) | Misdemeanor | Up to 6 months jail; fine up to $1,000 |
Enhancements (great bodily injury, weapon use, multiple victims, age of the complaining witness, prior strikes) change these numbers. Every case is individual. A rape conviction can also carry a separate PC § 264 restitution fine directed to victim assistance programs.
The Sex Offender Registry (PC 290)
California uses a three-tier system (SB 384, in effect since 2021):
- Tier 1 — generally 10 years (5 years in some juvenile cases). Examples: many misdemeanor sexual battery and indecent exposure convictions; some PC § 261.5 convictions for offenses on or after January 1, 2026, under SB 680.
- Tier 2 — generally 20 years. Examples: many serious/violent registerable felonies that are not automatic lifetime.
- Tier 3 — lifetime for the most serious offenses (e.g., forcible rape, many child-victim force cases, many felony child pornography convictions) and certain repeat or high-risk designations.
After the minimum period, Tier 1 and Tier 2 registrants may petition for termination under PC § 290.5 if they meet the statutory criteria. Tier 3 is different — relief, if any, is narrower. Failure to register is its own crime. Defense strategy should treat registry exposure as a charging and plea issue from day one, not an afterthought at sentencing.
Defense Strategies Against Sex Crimes Charges
- Consent (where the statute allows it — not for children below the age of consent)
- Reasonable, good-faith mistake as to the accuser's age (the "Hernandez defense," CALCRIM No. 1071) — available for statutory rape under PC § 261.5, but not available for lewd acts with a child under 14 (PC § 288) or for human trafficking (PC § 236.1), where a defendant's belief about age is not a defense as a matter of law
- False or motivated accusation (custody, immigration, breakup, school discipline)
- Identity / alibi
- Insufficient proof of a required element (intent, force, "lewd purpose," knowledge of age, possession vs. unsolicited file)
- Unlawful search of phones and cloud accounts
- Unreliable child forensic interviews
- Entrapment or lack of intent in sting cases
- Statute of limitations or charging defects
Your attorney can help you pick out the right defense strategy for your case. And if it goes to trial, they are prepared to argue it in front of a jury.
Recent Sex Offense Case Results
- Soliciting a Prostitute (PC § 647(b)) and Loitering with Intent to Commit Prostitution (PC § 653.22) — All Charges Dismissed. The client was accused of offering money for sex to an undercover officer in a "fake prostitute" sting — a common tactic that can raise entrapment issues. We enrolled the client in an educational diversion program, and upon proof of successful completion, the court dismissed all charges.
- Statutory Rape (PC § 261.5) — No Jail Time, No Sex Offender Registration, Dismissed Upon Completion of Probation. The client faced years in state prison and lifetime sex offender registration. We negotiated a reduced-charge resolution that carried no custody time and no registration requirement, with dismissal available after successful completion of probation.
- Rape (PC § 261) — Facing 25 Years to Life, All Charges Dismissed at Preliminary Hearing. The client was present at a gathering where two other individuals were separately accused of assaulting a woman; the client had no involvement in the alleged conduct. We demonstrated the client's lack of involvement, and the court dismissed all charges at the preliminary hearing.
- Kidnapping (PC § 207) and Unlawful Sexual Intercourse with a Minor (PC § 261.5) — Facing 6 Years State Prison, No Jail Time, No Sex Offender Registration. Using a consent-based defense, we negotiated a resolution giving the client credit for time served, with no strike and no sex offender registration.
- Child Molestation (PC § 288) and Sodomy with a Child Under 10 (PC § 288.7) — All Charges Dismissed, No Sex Offender Registration. The client faced three potential life terms with no bail. We demonstrated that the allegations had been fabricated, and the court dismissed all charges at the preliminary hearing.
Past results do not guarantee or predict a similar outcome in any future case. Dismissal alone does not establish that an arrest or court record has been sealed; record relief must be checked separately. Every case is evaluated on its own facts, and results depend on the specific evidence and circumstances involved.
Frequently Asked Questions
Do I need a lawyer if I am innocent?
Yes. A denial alone may not put relevant messages, witnesses or timeline evidence before investigators. Counsel can preserve records, review interview or search requests and identify the elements the state would have to prove. An innocent person may still be investigated or charged; representation cannot guarantee that prosecutors decline a filing. Do not ask an accuser or witness to change a statement, especially if a contact order applies.
Will a sex crime affect immigration status?
It could, but the result depends on the precise conviction and the person's immigration history. Some convictions create serious immigration problems; neither deportation nor citizenship denial follows automatically from the broad label “sex crime.” Criminal and immigration counsel should review the proposed statutory disposition before a plea, including whether a different lawful outcome changes the analysis.
Can charges be reduced or dismissed?
Sometimes, after examination of the actual count, evidence, motions and lawful negotiation. A missing public report, disputed accusation or prior firm result cannot promise dismissal. A proposed reduction should be assessed for custody, registration and immigration consequences as well as its title. The court process and decision depend on the specific case.
Does statutory rape require registration now?
For specified Penal Code § 261.5 convictions based on conduct committed on or after January 1, 2026, § 290 now requires a case-specific review. The statute includes an exception when the person was not more than ten years older than the minor and the conviction is that person's only registrable offense; § 290.006 also allows separate court-ordered registration. The offense date, subdivision, age evidence and entire record must be checked before a plea. Do not assume every § 261.5 allegation has the same registry result.
How fast should I call?
Prompt advice is useful before a substantive investigator interview and after receiving a citation, summons, search request or protective order. If no arrest has occurred, keep the investigator's agency and case number; an investigation is not the same as a filed charge, and counsel can help verify its status. Read the dates on the actual papers. Preserve unedited messages and other lawfully held records; outside video or platform material can become unavailable. There is no fixed “first 48 hours” rule that determines the outcome of every case.
Accused of a Sex Crime? Call Now
Sex crimes are treated harshly in California, and you need a defense team with the experience and legal expertise to guide you through the process. The Law Offices of David S. Chesley can provide that.
We are ready for your case — call (800) 755-5174 or contact us online for a free, confidential consultation.
Further questions about California sex-crime cases
Can someone ask to end sex-offender registration?
The adult tier system generally has ten-year, twenty-year and lifetime categories, with different juvenile-court rules. A person who meets an applicable minimum and other conditions may be eligible to petition for termination; time alone does not end the duty. The particular offense, other convictions, risk rules and court record matter. Keep following current registration instructions until an effective order changes them.
Must a registrant tell neighbors about registration?
Penal Code § 290 requires reporting to the designated law-enforcement agency, not a blanket personal announcement to neighbors. Public Megan's Law display is a separate question, and an individual court or supervision order could impose other conditions. Read the actual agency instructions and order before deciding what is required in a particular case.
What registration rules apply after a conviction?
Initial registration, changes of residence or other information, periodic updates and other circumstances can have different instructions. A tier label alone does not state every duty, and probation or parole terms may add separate conditions. Keep proof of compliance, check a move or travel plan against the current instructions and obtain advice before assuming a dismissal or minimum-period expiration ends registration.
Is sexting illegal in California?
“Sexting” describes many different acts rather than one charge. Ages, content, whether an image was requested or created, how it was possessed or shared, and consent can point to different California or federal statutes. A text message, a file depicting a minor and a nonconsensually distributed adult intimate image raise different questions. Preserve the full exchange without forwarding potentially unlawful material and identify the actual statute before discussing a defense.
Does every sex-crime conviction require registration or public Megan's Law display?
No. Penal Code § 290 specifies offenses and other conditions; adult and juvenile rules differ. Registration duty, tier length and public website display are separate questions. A misdemeanor label alone does not resolve them. Before any plea, compare the exact subdivision, date and proposed conviction with the statute and the applicable DOJ tier guidance.
Can a sex-related offense be filed as a misdemeanor?
Some provisions are misdemeanors, some felonies and some have distinct branches. Sexual battery under § 243.4 and unlawful sexual intercourse under § 261.5 illustrate why a broad charge label is insufficient. Check the filed subdivision, facts and prior-conviction rules. The charging level does not by itself answer registration or licensing questions.
What if the other person was over 18 and said they consented?
Consent can matter in an adult-contact case, but the law asks whether the person could consent and whether consent applied to the alleged act at the relevant time. A prior relationship or isolated message is not conclusive. Preserve the full sequence and ask counsel to compare capacity, force or fear allegations, and the precise charged elements.
Can a case proceed without physical evidence?
Yes. Testimony, communications and circumstantial evidence may be considered, and the state still must prove the charged elements. No DNA or medical result automatically defeats a count; the presence of one does not establish every element either. Ask what proof exists, what it actually shows and which independent records might test it.
Can police search my phone?
A warrant, valid consent or another lawful basis may be relevant, and scope matters. If a device or account has been searched, retain the warrant, property receipt and account notice for counsel. Do not delete or reset material. A possible search issue requires record review and, if supported, a court ruling; suppression is not automatic.
What if I believe an accusation of rape or sexual assault is false?
Take the claim seriously and preserve the complete timeline, messages, witness information and any lawful physical or digital record. Even before filing, an allegation can affect work, family and reputation; those effects do not prove guilt or predict a filing. Counsel can compare earlier and later statements and investigate possible mistake or fabrication. Avoid pressuring the accuser or witnesses and obey any contact order. Neither a denial nor an inconsistency alone guarantees that charges will be declined.
What happens after a charge is filed?
At arraignment, the court ordinarily advises the defendant of the charge and rights and asks for a plea. Discovery, motions, negotiations and, in a felony case, a preliminary hearing may follow. The path differs by charge and court. Use the latest court notice for appearances and comply with any release or protective order while counsel reviews the file.
Could a conviction affect work or a professional license?
It can, but the answer depends on the precise conviction, job and governing licensing rule. California's Fair Chance Act limits some employer uses of criminal history and has exceptions. Licensing boards apply their own statutes. A dismissal or acquittal may be important, but neither guarantees a particular employer or board decision. Check the relevant rule before a plea or job-related disclosure.
