Los Angeles Sex Crimes – Frequently Asked Questions

Los Angeles County prosecutors routinely file charges that range from misdemeanor indecent exposure to complex felony schemes involving online communications. Commonly charged offenses include:

• Rape (Penal Code § 261) and spousal rape (§ 262)
• Digital penetration, oral copulation, or sodomy by force (§§ 289, 287, 286)
• Lewd acts with a child under 14 (§ 288) or with force (§ 288(b)(1))
• Possession, production, or distribution of child sexual abuse material (§§ 311.1–311.11)
• Sexual battery (§ 243.4) and aggravated sexual assault (§ 269)
• Statutory rape / unlawful sexual intercourse with a minor (§ 261.5)
• Internet-based crimes such as arranging a meeting with a minor (§ 288.4), contacting a minor for a felony (§ 288.3), or sending harmful matter (§ 288.2)
• Human trafficking for sexual purposes (§ 236.1)

Every statute carries its elements, defenses, and sentencing scheme, so early analysis by experienced counsel is essential.

Special Victims Units within LAPD, LASD, and other local agencies handle most felony sex crime investigations. Techniques frequently include:

• Pretext phone calls were recorded with the alleged victim’s cooperation to obtain incriminating admissions.
• Search warrants for DNA, electronic devices, cloud storage, and social-media accounts.
• Forensic interviews of minors are conducted by trained Child Advocacy Center staff.
• SART (Sexual Assault Response Team) examinations collect biological evidence.
• Digital forensics to trace IP addresses, peer-to-peer transfers, or encrypted messaging apps.

Because these tools can create highly persuasive evidence, retaining counsel before talking to detectives often differentiates dismissal and filing.

California’s limitation periods are far longer for sex offenses than for most felonies:

• If the alleged victim was under 18, prosecutors may file felony charges anytime up to the victim’s 40th birthday (Penal Code § 801.1(a)).
• For offenses involving adult victims, the period is 10 years from the offense date (§ 801.1(b)).
• Certain crimes, such as aggravated rape or child sexual assault with force, carry no limitation at all (§ 799).
• DNA-based filings: Even if time has expired, prosecutors get one additional year after DNA links a suspect to an unsolved rape or sexual-penetration case (§ 803(g)).
• Delayed-report exception: When a now-adult survivor reports an incident before age 18 and the standard deadline has passed, charges may still be filed within one year of the report if independent corroboration exists (§ 803(f)).

Recent legislation has also eliminated civil statute-of-limitations barriers for childhood sexual assault lawsuits filed on or after January 1, 2024. While civil and criminal deadlines differ, the trend underscores the Legislature’s willingness to extend prosecution windows.

Under California’s three-tier system (Senate Bill 384), most sex-crime convictions trigger registration under Penal Code § 290, but the duration now depends on the offense:

• Tier 1 (10-year minimum) – Generally misdemeanor sex crimes and certain non-violent felonies, such as misdemeanor sexual battery or consensual oral copulation with a minor close in age.
• Tier 2 (20-year minimum) – Mid-level felonies, including lewd acts with a child (§ 288(a)) or non-forcible sex offenses against minors involving significant age gaps.
• Tier 3 (lifetime) – Serious or violent felonies such as rape (§ 261), sex trafficking, child pornography production, or any offense with repeat-offender enhancements.

Petitions for removal: Beginning July 1, 2021, eligible Tier 1 and Tier 2 registrants may petition the superior court in their county of residence once they have completed the required period and remained offense-free. The court must notify victims and law enforcement and consider public-safety factors before granting relief. An experienced attorney can compile compliance records, treatment proof, and risk-assessment evaluations to maximize the chance of termination.

Yes. SB 145 (effective January 1, 2021) gives judges discretion not to impose mandatory registration in cases where the defendant and minor are close in age and the conduct involved consensual oral or anal sex. This aligns penalties with existing judicial discretion for penile-vaginal statutory rape. The law does not decriminalize sex with minors. Instead, it addresses registration consequences in specific non-forcible contexts.

Pre-filing representation is one of the most powerful tools available. At this stage:

• Counsel may present exculpatory evidence—texts, medical records, alibi witnesses- to the filing deputies.
• Strategic polygraphs administered by reputable examiners can demonstrate innocence.
• Negotiated surrender can avoid the chaos of an arrest warrant and may help secure release on one's recognizance rather than high bail.
• Early defense intervention can preserve electronic evidence before it disappears.

Los Angeles County’s bail schedule sets high amounts, often six figures, for serious sex offenses. However, recent statewide zero-bail reforms and LA’s pre-arraignment assessment tool make individualized risk evaluations mandatory. A skilled defense lawyer can argue for:

• Release under supervised own recognizance with GPS monitoring.
• Bail reduction motions are based on property bonds, stable employment, and community ties.
• Conditional release to a residential treatment program when appropriate.

Depending on the statute, criminal history, and victim input, sentencing alternatives may include:

• Formal probation with sex-offender-specific therapy, polygraph testing, and computer-use restrictions.
• Divergent courts such as the LA County Mental Health Court, for defendants whose offense is linked to a treatable condition.
• 365-day jail caps under Penal Code § 1170(h) for certain low-level felonies, allowing a split sentence between custody and mandatory supervision.
• Residential treatment in lieu of incarceration for qualifying offenses where public safety permits.

However, statutes like aggravated sexual assault of a child (§ 269) impose mandatory 15-year-to-life sentences, and no probation is available.

Most misdemeanor sexual-offense convictions can be expunged under Penal Code § 1203.4 once probation is complete, but the relief does not erase the duty to register. Felony sex-crime expungement is limited and generally unavailable for offenses requiring lifetime registration. New 2023 record-sealing legislation (SB 731) automatically seals certain arrest records if charges are never filed or are dismissed, offering increased privacy for the falsely accused.

• Licensing boards (Medical, Nursing, Teaching, State Bar, Real Estate) often open independent investigations on mere arrest. Early case dismissal can halt or narrow those probes.
• Immigration: Many sex-crime convictions are deemed aggravated felonies or crimes involving moral turpitude, leading to mandatory ICE detention and removal.
• Family court: A Domestic Violence Restraining Order or CPS investigation may run concurrently, affecting custody orders. Criminal defense strategy must align with dependency and family law counsel to protect parental rights.

Every case is fact-specific, but common defense themes include:

• Consent (when legally applicable) or reasonable belief in age for statutory-rape allegations.
• False memory or motive to fabricate, particularly in high-conflict custody disputes.
• Insufficient corroboration or flawed forensic protocols in SART exams.
• Lack of intent, as in accidental possession downloads from peer-to-peer software.
• Constitutional violations in searches, seizures, or Miranda advisements.

• Do not make a statement without counsel. Even a denial can be leveraged later.
• Politely request an attorney and end the conversation.
• Preserve potential evidence: save texts, emails, social-media messages, rideshare logs, and phone metadata.
• Contact Kraut Law Group Criminal & DUI Lawyers, Inc., immediately for a confidential consultation.

Experience matters. Michael Kraut has spent more than two decades litigating complex sex-crime cases in Los Angeles courts—first as a Deputy District Attorney and now as a defense attorney fighting for the accused. Our firm works with top investigators, forensic psychologists, and digital-evidence experts to build the most vigorous defense possible.

For more information about defending sex-crime allegations or to schedule your free, discreet consultation, contact us 24/7 at 888-334-6344 or 323-464-6453 or use our online form.