You never thought it would come to this. The accusation may be a misunderstanding, exaggerated, or false. In Santa Monica, CA, 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.
For Santa Monica, CA, residents in need of defense against sex crime accusations, there's a clear choice of who to turn to: The Law Offices of David S. Chesley. Our attorneys fight for our client's rights. When you call us, you're getting a team that's ready to help, whatever you need.
We're here to help, not to judge. Call (800) 755-5174 or reach out online to talk to a sex crimes lawyer in Santa Monica, CA.
Attorney David S. Chesley, Santa Monica, CA, criminal defense since June 2005, SBN 236611.
Why You Need to Treat Sex Crime Charges Seriously in Santa Monica, CA
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
- A social stigma that will follow you after release
- Many collateral consequences
- Ongoing governmental supervision
Don't try to face these consequences alone. The right Santa Monica, CA, sex crimes lawyer can help you minimize or even avoid them.
Arrested for a Sex Crime in Santa Monica, CA? Take These Steps Now
- Avoid contact with the alleged victim — No matter what your intentions are, it's a bad idea. That can be charged as witness intimidation or violating a protective order.
- Keep quiet during interrogations. Say only: "I want to speak with my attorney."
- Don't give permission to search your property without a warrant and without checking with your Santa Monica, CA, sex crimes lawyer first.
- Save any evidence. Don't delete texts, photos, apps, location history, or social media — deletion is often argued as consciousness of guilt.
- Tell your Santa Monica, CA, sex crimes defense attorney everything: The more your attorney knows, the better defense they can build.
- Follow every release condition exactly — you can face serious penalties for breaking these.
- Get counselling/mental health support — look for local mental health resources to help cope with the stress of your case.
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Together with your Santa Monica, CA, sex charge defense attorney, you can set your case up for a positive outcome.
Get Help With the Following Santa Monica, CA, Sex Crime Charges
Rape and Sexual Assault
Rape is charged under Penal Code § 261. In Santa Monica, CA, 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, meanwhile, is a catch-all term for several violent sex crimes (often including rape and sexual battery).
In the past, a rape accusation between spouses had different consequences that were considered more lenient. Today, though, this no longer applies, and alleged rapes between spouses are treated the same as any other.
"Sexual assault" is not one statute — it often means rape, sexual battery (PC § 243.4), nonconsensual oral copulation (PC § 287), nonconsensual sodomy (PC § 286), or nonconsensual penetration with a foreign object (PC § 289).
Sexual battery under Penal Code section 243.4 involves nonconsensual touching of an intimate part for sexual arousal, gratification or abuse. Unlawful restraint is required by some subdivisions, but not every form of the offense. The charged subdivision controls the elements prosecutors must prove.
Child Sex Crimes
Child sex crimes are some of the most harshly viewed accusations in Santa Monica, CA, making it essential to work with an experienced sex crimes lawyer to fight them. Even in cases where there wasn't a physical, sexual act involving a child, you can face charges for enticing a minor for lewd purposes.
Statutory Rape
Not every statutory rape charge is the same, but all of them are serious. If the alleged victim was within 3 years of the alleged offender's age, it is a misdemeanor. Anything beyond that, and the prosecution has discretion to charge the crime as a felony. Additionally, there can be enhanced penalties if the alleged offender is over the age of 21 and the alleged victim is under the age of 16.
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.
AI-Generated and Deepfake Sexual Content
California law is rapidly evolving 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 — now, you can face the same penalties for AI-generated child porn as with actual child porn. 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 you need a sex crimes lawyer in Santa Monica, CA, who is an expert on AI functionality to defend you.
Prostitution
Prostitution has a long history in the United States, but is currently illegal in California. The state defines prostitution as exchanging a sexual act for something of value, which is often (but not always) money. The same law covers both acting as a prostitute and soliciting a prostitute, and the penalties include up to six months in jail and/or a $1,000 fine. Additionally, sentence enhancements can add mandatory minimums of jail time and/or the suspension of your driver's license.
Related Charges
In Santa Monica, CA, we also defend indecent exposure (PC § 314), lewd conduct in public (PC § 647(a)), failure to register (PC § 290.018), human trafficking (PC § 236.1), incest (PC § 285), aggravated sexual assault of a child (PC § 269), and assault with intent to commit a sex offense (PC § 220). Those pages are linked from the list below.
The Law Offices of David S. Chesley Defends Each of the Following
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
Santa Monica, CA, Sex Crimes Lawyer Guidance at Every Stage of Your Case
Pre-filing and investigation. The best way to beat a criminal charge is to avoid having it filed in the first place. You don't have to wait until you're under arrest to get an attorney — our sex crime defense attorneys can help you the moment police contact you. We will guide you through interviews, negotiate with authorities, and set the ground for a strong legal defense, should it become necessary.
Discovery and forensics. Evidence can play a major role in sex crime cases. We'll not only look at everything that the state has discovered, but also conduct our own investigations to find anything that can help your defense.
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. Many criminal charges in Santa Monica, CA, end in plea deals. With relationships in courts across California, the Law Offices of David S. Chesley are ready to negotiate on your behalf.
Trial and sentencing. Not every case can be handled through negotiations. When talks break down, we use our defensive strategy to persuade the jury. And if the outcome is guilty on any charge, we'll advocate for you in sentencing.
Looking for a Sex Crimes Lawyer in Santa Monica, CA? Don't Overlook These Factors
- Direct experience with your statute (PC 261 is not the same case as PC 288.4)
- Ideas for how to approach defense in your case
- 24/7 availability
- Confidence and honesty when planning your defense
Santa Monica, CA, Sex Crime Penalties: What You're Facing
| 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 |
While the majority of sex crime cases may follow these guidelines, sentencing enhancements can greatly alter the end punishment. . A rape conviction can also carry a separate PC § 264 restitution fine directed to victim assistance programs.
California's Three-Tier Sex Offender Registry System
California uses a three-tier system (SB 384, in effect since 2021):
- Tier 1 — normally a 10-year period on the registry. 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: lewd acts with a minor under 14 and some sodomy cases.
- Tier 3 — lifetime for the most serious offenses (e.g., most rape offenses, aiding a rape attempt, pimping a minor) and certain repeat or high-risk designations.
On top of the lengthy time periods of registration, failure to register is an offense in and of itself. While on the registry, you can be facing challenges finding a house or job, restrictions on where you are able to travel, and a devastating social stigma. Your sex crimes lawyer can help you petition for removal once you're eligible for relief.
Defenses Our Santa Monica, CA, Sex Crimes Lawyers Use
- Consent applies in several sex crime charges, since many are only illegal if a party did not consent
- Honest misunderstandings regarding the age of the alleged victim. If they lied about their age, that may be enough to prove a lack of intent
- False or motivated accusation False accusations — unfortunately, some people will make up criminal accusations in order to get something they want
- Alibi — one of the strongest defenses against a sex crime accusation is to prove you were elsewhere at the time
- Insufficient proof of a required element — you have the presumption of innocence on your side. When the prosecution fails to overcome this, your defense needs to explain it to the jury
- Evidence obtained in a way that violated your rights
- Unreliable child forensic interviews
- Entrapment in cases like prostitution
- Statute of limitations or charging defects
This isn't just about defense strategies; this is about telling your side of the story in a convincing way, whether it's too a district attorney, a judge, or a jury.
Past Sex Offense Case Results
- Soliciting a Prostitute (PC § 647(b)) and Loitering with Intent to Commit Prostitution (PC § 653.22) — All Charges Dismissed. This client was accused of soliciting a prostitute who was a police agent working undercover. We evaluated potential entrapment issues and enrolled our client in a diversionary, educational program. The court dismissed the charges, and no lingering public records are available..
- Statutory Rape (PC § 261.5) — Client Avoided Jail and Sex Offender Registration; Dismissal Available After 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) — Felony Accusation, All Charges Dismissed Before Trial. 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. The case records not viewable by the public.
- Kidnapping (PC § 207) and Unlawful Sexual Intercourse with a Minor (PC § 261.5) — We Protected Our Client Against Prison and Sex Offender Classification. Using a consent-based defense, we negotiated a resolution giving the client credit for time served, and our resolution also kept our client off of the California sex offender registry.
- Child Molestation (PC § 288) and Sodomy with a Child Under 10 (PC § 288.7) — Charges Dismissed at the Preliminary Hearing. Our client was being held without bail and could have been sent to prison for life, if convicted. We looked into the evidence, and found that the claims were false. At the preliminary hearing, the judge believed our story and dismissed the charges. Our client's reputation is also protected, as there are no public records of this case.
The above cases are selected as a representation of the Law Offices of David S. Chesley's results — they do not guarantee a specific outcome in a given case. Our sex crime defense attorneys will evaluate your case based on its own merits and help you in finding the best outcome for your unique situation.
Frequently Asked Questions for Sex Accusations in Santa Monica, CA
Is it still important to hire an attorney if you're 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 in Santa Monica, CA, 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. For related information, see immigration status.
Can a sex crimes lawyer help get charges 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 California's sex offender registry include statutory rape?
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.
If I'm on the sex offender registry, what rules do I have to follow?
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.
The Law Offices of David S. Chesley Is Ready to Defend Your Sex Crimes Case
Working with the right attorney can protect your freedom and defend you against the related social stigma. And you need to get started right away.
Get help right away — call us at (800) 755-5174 or send us a note online to talk with your Santa Monica, CA, sex crimes lawyer.
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.
How soon should I contact counsel after an accusation?
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.
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.
