It was reported by CNN that the California Senate unanimously passed tougher sentencing laws for certain sex crime convictions. The bill, dubbed “Chelsea’s Law” after a San Diego teen who was brutally raped and murdered earlier this year by a convicted sex offender, seeks to increase prison sentences and extend parole terms for sex offenders. With rallying support behind it, Chelsea’s Law will go to the State Assembly for a vote before it goes to the desk of Governor Arnold Schwarzenegger, who has already lent support to the proposed legislation.
Among the provisions proposed in the bill is a one-strike life sentence without parole and lifetime parole for certain sex offenses against children under the age of 14. The crimes that may be subject to this harsh provision include, among others, rape and lewd and lascivious acts on a minor.
“Rape” in California is broadly defined under California Penal Code Section 261 as nonconsensual intercourse accomplished by means of threats, force, or fraud. As the law exists now, a felony conviction for rape may result in a prison sentence of up to eight years in state prison and a maximum fine of up to $10,000.
As for “lewd and lascivious acts on a minor,” California codifies the crime under California Penal Code Section 288, which defines it as the unlawful touching of a child’s body for sexual purposes. Under current law, a conviction for a violation of Penal Code Section 288 may result in up to eight years in state prison and a maximum fine of up to $10,000. Of course, this all subject to change if the proposed bill is signed into law.
With the possibility of heavier penalties now facing sex crime offenders, it is very important that you speak to an experienced sex crime attorney who can aggressively defend you. At Wallin & Klarich, our Southern California sex crime lawyers have over 30 years of practice experience. In that time, we have successfully tried numerous sex crimes cases and can effectively defend your rights. Our attorneys will employ aggressive strategies that will work to get you the best possible result in your case. Call us at (888) 280-6839 or visit our website at www.wksexcrimes.com. We will be there when you call.
