Law Offices of Michael E. Cindrich, APC 225 Broadway, Suite 2100 San Diego, CA 92101

Sex Crimes

Sex offenses are among the most serious and stigmatizing charges anyone can face. Law enforcement officers often jump to conclusions without completing a thorough investigation to find out the reasons why the complaining witness might have made a false or exaggerated accusation. Contact an experienced sex crimes defense attorney today if you have been charged with a sex crime in San Diego County.

San Diego Sex Crime Defense Attorney

If you are convicted of a sex crime, you can expect to lose your freedom to live where you want, to choose your employer, and to be registered as a sexual offender. If you or someone you know are accused of a sexually motivated crime in California, then Michael Cindrich offers a free and confidential consultation to discuss the case.

After you learn of the accusation, seek out the services of an experienced criminal defense attorney. Attorney Michael Cindrich has decades of experience protecting people’s rights, including in cases involving serious sex-related crimes. Law Offices of Michael E. Cindrich, APC serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and of course San Diego proper.

Contact Michael Cindrich today for a free consultation at (619) 262-2500.

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Types of Sex Crimes Prosecuted in California

The term “sex crime” refers to a host of felony and misdemeanor offenses involving sexually motivated crimes. The most common types of sex crimes prosecuted in California include:

Rape – Rape involves nonconsensual sexual intercourse accomplished through force, fear, intoxication, unconsciousness, or incapacity. California law recognizes multiple forms, including gang rape, rape of an intoxicated or unconscious person, and spousal rape. These offenses carry severe penalties and long-term consequences, including mandatory registration.

Sexual Assault – Sexual assault is a broad category encompassing nonconsensual sexual conduct, including sexual assault by fraud or artifice and sexual assault of a disabled person. These cases often focus on consent, capacity, and the relationship between the parties. Penalties vary but may include significant prison exposure and registration requirements.

Sexual Battery – Sexual battery involves unwanted sexual touching for purposes of sexual arousal, gratification, or abuse. Charges range from misdemeanors to felonies depending on factors such as restraint, victim vulnerability, or use of force. These cases often rely on witness testimony and credibility assessments.

Statutory Rape – Statutory rape involves sexual intercourse with a minor under the age of consent, regardless of whether the minor purportedly agreed. California law classifies these offenses based on age differences between the parties and surrounding circumstances. Penalties range from misdemeanors to felonies and may include registration requirements.

Abducting a Minor for Prostitution – Abducting a minor for prostitution involves taking, detaining, or persuading a minor to leave a lawful custodian with the intent that the minor engage in prostitution or commercial sexual activity. California law treats these offenses extremely seriously due to the exploitation involved, and charges often carry severe felony penalties, including lengthy prison exposure and mandatory sex offender registration.

Arranging a Meeting with a Minor to Commit a Lewd Act – This offense involves communicating with or arranging a meeting with a minor for the purpose of engaging in lewd or sexual conduct. Charges may be filed even if no physical contact occurs, particularly when law enforcement conducts undercover sting operations. Evidence frequently includes electronic communications, recorded calls, and online activity.

Child Annoyance – Child annoyance involves conduct directed at a child that is motivated by sexual interest and would disturb, irritate, or offend a reasonable person. Unlike more serious sex crimes, this offense may be charged even when no touching occurs, and cases often depend heavily on intent and interpretation of conduct. Penalties vary based on the facts and prior history.

Child Pornography – Child pornography offenses include possessing, distributing, producing, or accessing images or videos depicting minors engaged in sexual conduct. These cases often involve digital evidence recovered from electronic devices and may be prosecuted under both California and federal law. Convictions carry severe penalties and mandatory sex offender registration.

Enticing a Child into Prostitution – Enticing a child into prostitution involves persuading, encouraging, or facilitating a minor’s participation in commercial sex acts. California law imposes harsh penalties due to the coercive and exploitative nature of the offense, and charges are frequently accompanied by additional allegations such as human trafficking or child abuse.

Failure to Register as a Sex Offender – Individuals required to register as sex offenders under California law must comply with strict reporting requirements. Failure to register, update information, or comply with deadlines is a separate criminal offense and may be charged as a felony or misdemeanor depending on the underlying conviction and circumstances. These cases often arise from technical or administrative violations.

Forcible Penetration with a Foreign Object – This offense involves penetration using an object or body part other than a sexual organ, accomplished through force, fear, or lack of consent. California law treats these allegations similarly to rape in terms of seriousness and penalties, and convictions often result in lengthy prison sentences and mandatory registration.

Human Trafficking – Human trafficking involves depriving or violating another person’s liberty for purposes such as forced labor, sexual exploitation, or commercial sex acts. These cases frequently involve minors, vulnerable individuals, or organized operations and are prosecuted aggressively at both the state and federal level. Penalties are severe and often include multiple felony counts.

Indecent Exposure – Indecent exposure involves willfully exposing one’s genitals in a public place or where others may be offended or annoyed. While often charged as a misdemeanor, repeat offenses or exposure involving minors may result in felony charges and possible registration requirements. These cases often turn on intent and context.

Juveniles Charged with Sex Crimes – Juveniles may be charged with sex-related offenses under California law, though such cases are typically handled in juvenile court rather than adult criminal court. Consequences may include detention, counseling, probation, and, in some cases, registration requirements. Courts often consider age, maturity, and rehabilitation potential when determining outcomes.

Lewd Conduct in Public – Lewd conduct in public involves engaging in sexual acts in a public place or in view of others who may be offended. These cases often arise from sting operations or complaints and may be charged as misdemeanors. While not all convictions require registration, repeat offenses may carry enhanced penalties.

Lewd or Lascivious Acts with a Child – Lewd or lascivious acts with a child involve touching a minor for sexual purposes or causing a child to touch another person. Charges vary significantly based on the child’s age, the nature of the conduct, and whether force or coercion was involved. Convictions often result in lengthy prison sentences and mandatory sex offender registration.

Prostitution – Prostitution offenses include engaging in, soliciting, or agreeing to engage in sexual acts in exchange for compensation. While California law has evolved in how it treats certain prostitution-related conduct, these cases may still result in criminal charges, particularly when aggravating factors or prior convictions are present.

Revenge Porn – Revenge porn involves intentionally distributing intimate images or videos of another person without consent, with the intent to cause emotional distress. These cases often involve digital evidence, social media, and electronic communications. Convictions may result in jail time, fines, and restraining orders.

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Penalties for Sex Crimes in California

Convictions for sexually motivated crimes in California can result in:

  • incarceration in the county jail or state prison system;
  • hefty fines and court costs; and
  • a possible felony conviction.

Additionally, a conviction for a sex crime in California might require a lifetime requirement to be registered on California Meagan’s Law website as a sex offender.

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Sex Offender Registration

Those convicted of qualifying sexual offenses are legally required to register as sex offenders with local law enforcement agencies under California Penal Code Section 290.

This process involves reporting in person to the designated law enforcement authority—often the local police or sheriff’s department—shortly after release from custody or upon moving into a new jurisdiction. Registrants must provide personal information, including their full name, address, photograph, and fingerprints, and keep that information current whenever they relocate, change employment, or alter any other required details.

After initial registration, many offenders must update their information at least once a year, generally within five working days of their birthday. The California Department of Justice maintains the database, and certain offender details are made publicly available through California’s Megan’s Law website, including where sex offenders live.

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Defenses to Sexually Motivated Crimes in California

The most common defenses to sexually motivated crimes in California include:

  • the touching never occurred;
  • the touching did occur but was consensual;
  • the victim identified the wrong person as the perpetrator of the crime; or
  • the false or exaggerated allegations do not constitute a crime.

An experienced criminal defense attorney can show problems with the prosecutor’s case including a showing that the alleged victim or other witnesses are no credible.

Sometimes the complaining witness is motivated to make a false accusation in order to gain a financial advantage in a pending divorce or child custody battle. Other cases involve mistaken identity or misidentification.

The best defenses often require filing motions to suppress illegally obtained evidence, motions to exclude unduly prejudicial evidence, or motions to dismiss charges not supported by sufficient evidence.

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Additional Resources

San Diego’s Sexual Assault Family Protection Unit – Investigators in the Sexual Assault Family Protection Unit work closely with prosecutors handling sexual assault cases in San Diego County. Sexually motivated crimes include child molestation, statutory rape, sexual assault and other forcible sex crimes subject to lengthy prison sentences.

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Hire a Defense Attorney for Sex Crimes in San Diego County, CA

Attorney Michael Cindrich has decades of experience protecting people’s rights, including in cases involving serious sex-related crimes. Law Offices of Michael E. Cindrich, APC serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and of course San Diego proper.

Contact Michael Cindrich today for a free consultation at (619) 262-2500.