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Fresno Unlawful Sexual Intercourse | Fresno Sexual Assault Attorney | Sex Abuse

PC 261.5 Unlawful Sexual Intercourse with a person who is not the spouse of the perpetrator, if the person is a minor.  For the purposes of this section, a "Minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age.

PC 261.5(a) Unlawful Sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor.  For the purposes of this section, a "Minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age.

261.5(b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years young than the perpetrator, is guilty of a misdemeanor.

261.5(c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivisions (d) of Section 1170.

261.5(d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (d) of Section 1170 for  two, thee, or four years.

(e)(1) Notwithstanding any other provision of this section, an adult who engages in an act of sexual intercourse with a minor in violation of this section may be liable for civil penalties in the following amounts:

(A) An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty not to exceed two thousand ($2,000).

(B) An adult who engages in an act of unlawful sexual intercourse with a minor at least three years younger than the adult is liable for a civil penalty not to exceed Five thousand dollars ($5,000).

(C) An adult  over the age of 21 who engages in an act of unlawful sexual intercourse with a minor  under 16 years of age is is liable for a civil penalty not to exceed ten thousand dollars ($10,000).

(D) An adult  over the age of 21 years who engages in an act of unlawful sexual intercourse with a minor under 16 years of age is liable for a civil penalty not to exceed twenty five thousand dollars ($25,000).

NOTES: If you have been arrested or charged with unlawful sexual intercourse with a minor, it is important to seek representation at the earliest possible time.  This allows your attorney to work on your behalf, find witnesses at the earliest and most convenient time, and prepare a defense while the evidence is still available.  Sex offender registrant under PC 290 may be required pursuant to a conviction under this penal code section. Know your rights, hire an experience criminal defense attorney to help you. If you are looking to hire an attorney in Fresno, schedule a free initial visit with Sexual Assault Defense Attorney Jonathan Rooker

Sexual Abuse of a minor or child take several forms.  It can be sexual penetration by parent, sibling, relative, neighbor, or trusted adult.  Sexual assault can also occur when children who are older than the sexual assault victim take advantage or even children in the same age range.  Remember that even two minors who have what would be consensual sexual intercourse with each other, can be charged with a crime because one or both of them have not reached the age of legal consent for sexual intercourse.

Sex crimes can also take other forms.  Sex abuse can include touching other than sexual penetration.  This can include touching sex organs of a child for sexual gratification of the person abusing the victim.  If you have been accused of a sex crime in the Fresno Area, call Sex Crime Defense Attorney Jonathan Rooker for a consultation regarding your accusation free of charge.

Sexual Assault is a serious crime, in fact the Fresno County District Attorney's office has an entire unit dedicated to prosecuting sex crimes which entails a special prosecutor who prosecutes sex crimes exclusively.  To defense yourselves against such charges, you should hire an experienced sexual assault and/or sex crime defense attorney who can assist you with your accusations, and defend you aggressively.

Sexual Assault and Child Abuse Unit

The Fresno County District Attorney's Office Sexual assault/child abuse unit prosecutes a wide range of felony sexual assault offenses committed against children and adults.  These include offenses committed by family members, acquaintances or strangers.  The Fresno County District Attorney's office Sexual Assault/Child Abuse Unit also prosecutes felony physical abuse and child endangerment crimes committed against children. The sexual Assault/child abuse unit works closely with other agencies to effectively prosecute these cases.  While providing much needed sensitivity and services to victims of sexual assault.  The District Attorney's office is committed to seeking justice for victims of sexual assault and child abuse, and their offenders.  If you or someone close to you have been a victim of sexual assault or child abuse, you are encouraged to report it to the law enforcement agency where the abuse occurred.

The above paragraph from the District attorney's website should give you and idea that the government has seemingly unlimited resources devoted to prosecuting accusations of criminal sexual abuse, sex crimes, sexual assault and other sex related accusations.  Don't go into court alone.  Seek representation from an experienced attorney who can help you navigate the court systems, laws, and rules to make an informed decisions about your case and defend you against the proprietorial machine that our government can be.

Conviction of a sexual assault will not only incur fines and imprisonment, but the offender will also have to register a a sex offender as required by the Sex Offender Registration Act (Pen. Code Section 290-294).  As a registered sex offender, a person is restricted from living or working within a certain radius of a school and is far less likely to obtain a favorable career.  (Recent change in the law Sex Offender Law Update published in LA Times) If you have been arrested for a sex crime, hire a Fresno Criminal Defense Attorney as soon as possible to ensure you have every opportunity to defend yourself against these accusations.

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