How Sex Crimes Go Much Further Than Sexual Assault
Some people think that sex crime is synonymous with sexual assault. In reality, sex crime is a much broader term and extends far beyond the limits of what would be considered sexual assault. Below are a few examples of crimes that fall under the sex crimes and punishments that go along with each of them:
1. Meeting with a Minor for Lewd Purposes
It is strictly illegal to contact a minor for any purposes that would be lewd or sexual. This includes any form of communication, including the postal service and electronic communication (text messages, e-mails, online services, and/or social media). A person can be charged with this offense if he/she has a lewd agenda and knows (or should reasonably know) that the person they are attempting to communicate with is a minor. In order to charge someone with this offense, a prosecutor will need to prove 1) That the defendant contacted or communicated with a minor or attempted to contact or communicate with a minor, 2) That he/she knew (or reasonably should have known) that the person was a minor, and 3) That he/she intended to communicate for lewd purposes. The punishment for this sex crime is severe. It is considered a felony punishable for up to 364 days in prison, with up to 364 days probation.
2. Child Pornography
Individuals may be charged with criminal child pornography if they are shown to be responsible for sending, transporting, producing, possessing, or duplicating any form of child pornography with an intent to duplicate, print, or exchange the images. The charge can also be made against any individuals who intend to hire, employ, use, persuade or coerce a person under 18 years of age (legally a minor) to participate in child pornography for sale or distribution. Definitions matter. In this context, “materials” means any media or communication, including on paper or involving computers, electronic storage, or any other type or technology.
Prosecutors will be required to prove, first and foremost, that the individual in question knowingly sent (or caused to be sent, or brought, or caused to brought into the state of California) any representation, data or image involving a minor for pornographic purposes. This includes, but is not limited to, any film, film strip, photograph, negative, slide, photocopy, videotape, computer hardware, computer software, data storage media, or computer-generated image that contains or incorporates any minor. Prosecutors will also need to prove that the minor (the victim) was personally engaging in or simulating sexual conduct, that the defendant was aware that the victim was a minor, and that the defendant had an intention to distribute or in some other way exhibit the material. The punishment is usually classified as a felony (up to 3 years in prison) with up to 364 days probation. In some cases, it may be counted as a misdemeanor.
3. Supervising or Aiding a Prostitute
This is a lesser-known sex crime. It is strictly illegal to direct, supervise, recruit, or in any way aid another person in prostitution, which includes (but is not limited to) engaging in any conversations to solicit or facilitate prostitution or receiving money for prostitution. Prosecutors need to prove that an individual directed, supervised, recruited, or in any way aided another person in the commission of prostitution. The punishment is classified as a “misdemeanor.”
Help Through Sex Crime Charges
If you or someone you know is facing sex crime charges, they will need a lawyer to help them through their trial. The best lawyers will help them understand what their present and future hold, including the jargon of the legal system and bail and plans of action.