Sex Crimes

On July 27, 2010, the Utah Supreme Court overturned the rape convictions of Warren Jeffs. The Supreme Court held that the lower court failed to give proper jury instructions and ordered a new trial.

Jeffs is the leader of the Fundamentalist Church of Latter-Day Saints, a polygamous sect of the Church of Latter-Day Saints. Jeffs presided over the marriage of a 14-year-old girl to her first cousin, who later raped her. Jeffs was convicted as an accomplice to the rape and sentenced to two consecutive 5 year to life sentences.

The Utah Supreme Court held that the trial court erred in failing to instruct the jury that Jeffs could not be convicted unless he had the specific intent that the victim’s husband rape the victim.

Jeffs was not released from custody after the court decision because of outstanding bigamy and sexual assault charges in Texas. Texas officials are seeking to have him extradited if the Utah Attorney General declines to prosecute him again.

In California, rape is sex with a person against the person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury. (California Penal Code section 261(a)(2).) Under California Penal Code section 264(a), rape is punishable by three, six, or eight years in state prison. A person who is convicted of rape must register as a sex offender. (California Penal Code section 290(c).)

Under the relevant California case law, an accomplice, also known as an aider and abettor, is someone who knows of the perpetrator’s criminal purpose, specifically intends to aid the perpetrator, and does in fact aid the perpetrator in the commission of a crime. (People v. Beeman (1984) 35 Cal.3d 547.) If convicted of being an accomplice to a crime, the accomplice is criminally liable as if he was the actual perpetrator of the crime. (California Penal Code section 31.)

If you or someone you know is accused of a sex crime, you will need an experienced Southern California defense attorney who will aggressively represent you, especially considering the legal and social consequences of a conviction. For over 30 years, Wallin & Klarich has helped people accused of crimes, including rape and other sex offenses. Feel free to contact us at (888) 280-6839 begin_of_the_skype_highlighting              (888) 280-6839      end_of_the_skype_highlighting or visit us at our website at www.wklaw.com. We will be there when you call.

On July 13, 2010, the Government Accountability Office (GAO) released a report stating that the United States government issued passports to at least 4,400 convicted sex offenders during the 2008 fiscal year.

Convicted sex offenders who were issued passports included federal employees, prison inmates, and offenders who had failed to update their sex offender registration. Some frequently traveled internationally, including to countries known for sex tourism. The report described several instances where sex offenders who traveled abroad were later convicted of committing sex offenses in the visiting country.

Of the 4,466 convicted sex offenders who received passports, 1,020 of the passport recipients lived in California.

The Department of State, which is responsible for issuing passports, responded by stating that the report was “very misleading” and that no law specifically prohibits the issuance of a passport to a convicted sex offender, except if the offender was convicted of sex tourism. In addition, of all the passports issued during fiscal year 2008, only 0.0003% were issued to convicted sex offenders.

Under California Penal Code section 290, also known as the Sex Offender Registration Act or Megan’s Law, a person who is convicted of a sex offense and who lives in California must register as a sex offender. The California sex offender list is publicly available online.

Failure to register as a sex offender for conviction of a misdemeanor sex offense is a misdemeanor punishable by up to a year in jail. (California Penal Code section 290.018(a).) If a person is convicted of a felony sex offense or has prior failures to register, the failure to register is a felony punishable by 16 months, 2 years, or 3 years in prison. (California Penal Code section 290.018(b).) Under federal law, all states must forward their sex offender registry information to the United States Attorney General for inclusion in the National Sex Offender Registry.

If you or someone you know has been accused of a sex crime, you will need an experienced Southern California sex crime attorney who will aggressively defend you, especially considering the social stigma and legal consequences of an adverse result. At Wallin & Klarich, we have defended people accused of sex offenses for over 30 years. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

On June 13, 2010, popular blogger Perez Hilton tweeted a picture that appeared to show 17-year-old Miley Cyrus exiting a car while not wearing underwear. Under applicable law, a question arises as to whether Hilton may be liable for distributing child pornography.

In California, Penal Code section 311.3(a), (b)(5) criminalizes the distribution of an image that depicts the pubic or rectal region of a minor for the purpose of sexual stimulation. A first offense for distribution of child pornography is a misdemeanor and defendants may be punished by up to a $2,000 fine or up to a year in jail. Subsequent offenses may be charged as felonies and expose the defendant to incarceration in state prison. Under Penal Code section 290, a sex offense conviction requires that defendant register as a sex offender.

As of June 18, 2010, prosecutors have declined to press charges against Perez Hilton. On June 18, Cyrus stated that she will not pursue legal action against Hilton.

A conviction for a sex crime is a serious offense that may not only expose you to incarceration, but registration as a sex offender. At Wallin & Klarich, we have over 30 years defending a variety of criminal cases, including sex offenses. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.

Most people probably believe that in this scenario if there was no intercourse then no crime was committed. This is false. Under section 647.6 of the California Penal Code it is a crime for any person to “annoy[] or molest[] any child under 18 years of age.”

This offense, with few exceptions, is a misdemeanor punishable by up to one year in county jail, a fine not exceeding $5,000, or by both. Each subsequent conviction under this section is punishable as a felony. You can even be prosecuted under this section if the supposed minor was actually a decoy cop who was 18 years of age or older, so long as you believed the decoy to be under 18 years old and you were motivated by an “unnatural or abnormal sexual interest in children.” To make matters worse, this offense is a registerable offense under Penal Code section 290, meaning if you are convicted of this offense you can be required to register as a sex offender for the rest of your life.

If the conduct moves from hugging and kissing to sexual intercourse, then the offense becomes more serious and can instead be prosecuted under Penal Code section 261.5. Penal Code section 261.5 is violated by “any person who engages in an act of unlawful sexual intercourse with a minor….”

The crime is a misdemeanor when the minor is “not more than three years older or three years younger than the perpetrator….” The crime is a wobbler when the minor is “more than three years younger than the perpetrator….” When an offense is a wobbler it means that the crime can be prosecuted as either a felony or a misdemeanor. For example, if you are 19 and you have intercourse with a 17-year-old, then it would be a misdemeanor under Penal Code section 261.5. If you are 21 and have sex with a 17-year-old, then that is a wobbler under Penal Code section 261.5. Generally, the closer in age the two parties are the less likely that criminal charges will be filed.

In short, California’s laws with regard to sex offenses are complex and unforgiving, and the punishments can be severe, including lifetime registration as a sex offender on top of any jail or prison sentence. The experienced criminal defense attorneys at Wallin & Klarich have years of experience handling misdemeanor and felony sex cases and sex offender registration issues. The aggressive attorneys at Wallin & Klarich are known for zealously representing their clients in order to provide them with the best defense possible. Call Wallin & Klarich today at (888) 280-6839 for a free telephone consultation. We will be there when you call.

According to the Associated Press, Michael Barrett, 48, accepted a deal to plead guilty to interstate stalking and was sentenced to 27 months in prison. Barrett is known for filming hours of nude video of ESPN sportscaster Erin Andrews through hotel room peepholes. He stalked her in three states while staying at the same hotels as Andrews and rigged her room doors with special cameras.

It is a very serious crime to stalk someone is California. Under California Penal Code Section 646.9, stalking is committed when a person willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family.

Stalking is considered to be a “wobbler.” This means that the prosecution has discretion to charge a misdemeanor or a felony. A misdemeanor conviction is punishable by imprisonment in county jail for up to one year, or a fine of up to one thousand dollars ($1,000), or by both the fine and imprisonment. A felony conviction is punishable by imprisonment in state prison for up to three years and a fine of up to one thousand dollars ($1,000).

If you or a loved one is facing stalking charges, it is important that you speak with an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience handling all types of criminal matters, including stalking. Our attorneys will fight for your rights and provide all the possible defenses in your case. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.

Sex offenders are in danger of being arrested if they are caught on networking sites such as Facebook and MySpace.

A recent California bill proposes registered sex offenders in California will face jail time if they are caught on these or other social networking websites. San Francisco’s District Attorney Kamala Harris is behind the bill proposed by Assemblywoman Norma Torres of Los Angeles County that would ban registered sex offenders from using social networking sites.
The chief counsel for Facebook, which four years ago banned registered sex offenders from the site, says California needs a more comprehensive law like the one New York has.
In 2008, the New York Attorney General drafted the Electronic Security and Targeting of Online Predators act known as “e-STOP.” New York requires that all registered sex offenders provide their e-mail addresses, site usernames, and online profiles. In New York, the information provided by a sex offender is then turned over to those companies that run social networking sites and it is a felony if the sex offenders are caught.
If you are a register sex offender, the Law Offices of Wallin & Klarich understand how you feel. If you have been accused of a sex crime or are forced to register as a sex offender, Wallin & Klarich can help you in preventing sex offender registration. If it has been 10 years since you were released from incarceration (or 10 years since your release on probation or parole) in the state of California, you are eligible for a Certificate of Rehabilitation.

A Certificate of Rehabilitation is a court order declaring that a person convicted of a felony is now rehabilitated. Once granted, the applicant is no longer required to register as a sex offender.

Given the complex nature of the California’s sex offender registration requirements, consultation with a knowledgeable criminal defense attorney is essential. If you or someone you know has been accused of a sex crime or has been ordered to register as a sex offender, please don’t hesitate in contacting an experienced Southern California sex crimes attorney. The attorneys at Wallin & Klarich have been handling sex offender cases and sex offender registration cases for more than 30 years. Our attorney will aggressively attack the charges against you and protect your rights. Contact Wallin & Klarich today at (888) 280-6839 for a free evaluation of your case, and visit us on the web at www.wklaw.com. We will be there when you call.

It was recently reported that a 62-year-old executive director of a mental hospital in Northern California was recently arrested and booked into custody in Long Beach for allegedly molesting his foster child for more than a decade.

Claude Edward Foulk, director of the Napa State Hospital, was taken into custody at the hospital by Long Beach police following a five-month investigation that began in September when a former victim stepped forward. Foulk now stands accused of sexually molesting his foster son from 1992, when the boy was 10-years-old, to 2003.

Child molestation charges fall under California Penal Code Section 288, which makes it illegal in California for a person to willfully commit lewd acts upon the body of any child under 14 years of age with the intent to gratify sexual arousal. A conviction for child molestation is punishable as a felony and punishment can amount to a prison sentence of up to eight years. Since Foulk is charged with 35 felony counts of child molestation, he could be facing a total of 280 years in prison.

If you are facing charges of child molestation, you need an experienced criminal defense attorney on your side. At Wallin & Klarich, our attorneys have over 30 years of experience successfully defending clients against allegations of child molestation. We will attentively develop and implement your defense strategy to help you through your case. Call us today at 888-280-6839 or visit us at www.wklaw.com. We will be there when you call.

In September of 2008, a 14-year-old El Cajon girl was taken by four men to a motel in Oceanside. The men forced the girl to pose nude for photographs. The four have all either pled guilty or were found guilty of charges they faced in connection with the incident. San Diego 10 News stated that the men were going to use the photographs to sell the girl over the internet for sex. Shawndrea Dorrough, Dywane Tousant, and Dominique Willis all pled guilty and have scheduled sentencing dates. Patrick Jones went to trial and he was recently found guilty of sexual exploitation and sex trafficking of a minor by a jury. He could go to prison for 15 years to life when he is sentenced.

The California Child Abuse and Neglect Reporting Act is covered in the California Penal Code Section 11164-11174.3. It covers all forms of sexual abuse against a child including sexual exploitation which is defined as preparing, selling, or distributing obscene matter involving a minor or employing a minor to perform obscene acts.

At Wallin and Klarich, we have many years of experience in defending clients against sex crimes. These years have given us the expertise and knowledge necessary to successfully defend someone facing a sex offense. If you or a loved one is facing a sex crime, contact our San Diego Sex Crime Defense attorneys today to begin working aggressively on your case.

54-year-old Tracey Barton, a registered sex offender who once served 12 years of a 24-year sentence in state prison for the forcible rape, forcible oral copulation, and kidnapping a Lake Forest woman in 1991, was sentenced to 40 years to life in prison for breaking into the home of a 66-year-old Huntington Beach widow in 2008 and beating her with the intent to commit rape. Barton was convicted of the following criminal charges, all felonies: burglary, aggravated assault, and sexual battery by restraint, for attacking the woman after he gained entrance to her home by knocking on her door on February 2008. He had been working as a car detailer for the woman’s neighbor. While he attacked the woman, Huntington Beach police arrived before he could rape her.

Sexual Battery, defined under California Penal Code Section 243.4, is defined as any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery. Sexual Assault can be verbal or physical. It can be charged as a serious felony and can have a serious impact on you.

Because Barton had previous convictions which led him to be a part of California’s sex offender database, the punishment for his subsequent crimes increased significantly. He had already violated his three strikes under California’s Three Strikes Law for his 1991 offenses. Under California law, his punishments his 2008 crimes had to be far greater.

Facing allegations of a sex crime can lead to very serious consequences. Please contact our experienced and aggressive Southern California criminal defense attorneys at Wallin and Klarich. Our attorneys have the skills and expertise needed to provide you with a strong defense in your case. Please call us at 888-280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

Recent studies have shown that current sex offender laws are not as effective as people may think. Under California law, convicted sex offenders are required to go through sex offender registration and live in restricted areas that are certain distances from schools and parks. Their residences are shown online in a sex offender database or sex offender map. The intent of these laws is to prevent future crimes involving the sexual assault and rape of juveniles. However, recent studies have shown that some widely-held assumptions are not entirely true: That strangers pose the greatest threat of sexual assault. That previously convicted sex offenders will commit most new sex crimes. And where a sex offender lives has a direct relationship to any new sex crimes the offender may commit.

Recent studies have shown that these assumptions have some flaws: according to a 2008 study by the U.S. Office of Justice Programs, 71% of sexual assault victims were not victimized by a stranger. The attackers were actually family members or family friends who the victims were previously acquainted with or knew by sight. The U.S. Department of Justice reported that 25% of sexual assaults were perpetrated by family members. The Department of Justice also found that 87% of those arrested for sex crimes had not been previously convicted of a sex crime. These statistics show that most sex crimes are perpetrated by those who have no previous sex crime convictions, not already convicted sex offenders. In one study of 500 released sex offenders who lived nearby parks and schools, only one in the 500 was arrested, and the offense was for a technical parole violation. The study concluded that the proximity to children did not affect the convicted sex offenders. While California’s current sex offender laws are meant to make communities safer, the statistics do not backup the laws’ intentions.

Facing allegations of a sex crime can lead to very serious consequences. Please contact our experienced and aggressive Southern California criminal defense attorneys at Wallin and Klarich. Our attorneys have the skills and expertise needed to provide you with a strong defense in your case. Please call us at 888-280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.