California Sex Crimes Information

         Sex crimes require the legal representation of an experienced criminal defense lawyer. Not only do sex crimes carry a stigma, sex crimes carry increased penalties including prison and lifetime registration as a sex offender. A strong criminal defense lawyer can help the accused person get the charges dismissed. A good criminal defense lawyer should have good investigation, research, trial and appellate skills. Anyone charged with a sex crime should seek a competent lawyer immediately.

SEX OFFENDER REGISTRATION

         The law (Pen. Code, § 290) requires a person convicted of specified sex crimes to register as sex offenders with a local law enforcement agency. The Sex Offender Tracking Program at the California Department of Justice (DOJ) maintains the registered sex offender database. California's Megan's Law was enacted in 1996, and allows local law enforcement agencies to notify the public about sex offender registrants found to be posing a risk to the public.

List of Registerable Sexual Offenses in California

 Penal Code

 Crime

187

MURDER DURING PERPETRATION/ATTEMPT RAPE, 286,288,288A,289 

207

KIDNAPPING TO COMMIT 261, 286, 288, 288a, 289 

207(B)

KIDNAP CHILD UNDER 14 YEARS TO COMMIT LEWD OR LASCIVIOUS 

208(D)

KIDNAPPING PERSON WITH INTENT TO COMMIT RAPE (PRIOR CODE): KIDNAPPING VICTIM UNDER 14 WITH THE INTENT TO VIOLATE SECTIONS 261, 286, 288, 288a, OR 289. 

209

KIDNAPPING FOR RANSOM TO COMMIT 261, 286, 288, 288a, 289 

220

ASSAULT TO COMMIT RAPE, SODOMY, OR ORAL COPULATION OR TO VIOLATE SECTIONS 264.1, 288 OR 289. 

220(a)

ASSAULT W/INTENT TO COMMIT RAPE, SODOMY, OR ORAL COPULATION 

220(b)

ASSAULT W/INTENT TO COMMIT RAPE/ETC. DURING A BURGLARY 

220/261

ASSAULT TO COMMIT RAPE 

220/261(2)

ASSAULT TO COMMIT RAPE BY FORCE OR FEAR 

220/664.1

ASSAULT TO RAPE IN CONCERT WITH FORCE OR VIOLENCE 

243.4

SEXUAL BATTERY 

243.4(A)

SEXUAL BATTERY 

243.4(B)

SEXUAL BATTERY ON MEDICALLY INSTITUTIONALIZED PERSON 

243.4(C)PC

(PRIOR CODE) SEXUAL BATTERY INVOLVING RESTRAINED PERSON 

243.4(C)

SEXUAL BATTERY VICTIM UNAWARE-FRAUDULENT MISREPRESENTATION.  

243.4(D)

SEXUAL BATTERY INVOLVING RESTRAINED PERSON 

243.4(D)(1)

(PRIOR CODE) TOUCH PERSON INTIMATELY AGAINST WILL FOR SEXUAL AROUSAL/ETC. 

261

RAPE: NOT SPECIFIED 

261(1)

RAPE: VICTIM INCAPABLE OF GIVING CONSENT 

261(2)

RAPE BY FORCE OR FEAR 

261(2)/264.1

RAPE IN CONCERT BY FORCE 

261(3)

RAPE OF DRUGGED VICTIM 

261(4)

RAPE: VICTIM UNCONSCIOUS OF THE NATURE OF THE ACT 

261(6)

RAPE BY THREAT OF RETALIATION 

261(A)(2)

RAPE BY FORCE OR FEAR 

261(A)(3)

RAPE OF DRUGGED VICTIM 

261(A)(4)

RAPE: VICTIM UNCONSCIOUS OF THE NATURE OF THE ACT 

261(A)(6)

RAPE BY THREAT OF RETALIATION 

261.2

(PRIOR CODE) RAPE BY FORCE OR FEAR 

261.2/261.3

(PRIOR CODE) RAPE WITH FORCE AND/OR THREAT 

261.3

(PRIOR CODE) RAPE BY FORCE OR VICTIM INTOXICATED. 

261.4

(PRIOR CODE) RAPE BY THREAT OR RAPE OF A DRUGGED VICTIM. 

262(A)(1)

RAPE SPOUSE BY FORCE OR FEAR (FELONY CONVICTION) 

264.1

RAPE IN CONCERT WITH FORCE OR VIOLENCE 

266

ENTICE MINOR FEMALE FOR PROSTITUTION 

266C

INDUCE INTERCOURSE OR SEX ACTS BY FALSE REPRESENTATION WITH INTENT TO CREATE FEAR 

266I(B)

PANDERING WHERE PROSTITUTE IS UNDER 16 

266J

PROCUREMENT OF UNDER 16 FOR LEWD AND LASCIVIOUS ACTS 

267

ABDUCT MINOR FOR PROSTITUTION 

269(A)(1)

AGGRAVATED SEXUAL ASSAULT WITH CHILD UNDER 14 TO VIOLATE PC 261(a)(2) 

272

CONTRIBUTING TO THE DELINQUENCY OF A MINOR (LEWD OR LASCIVIOUS BEHAVIOR) 

285

INCEST 

286

SODOMY 

286(A)

SODOMY; GENERAL CATEGORY AND PUNISHMENT SECTION 

286(B)(1)

SODOMY WITH PERSON UNDER 18 YEARS 

286(B)(2)

SODOMY WITH PERSON UNDER 16 YEARS 

286(C)

SODOMY WITH PERSON UNDER 14 YEARS OR WITH FORCE 

286(D)

SODOMY IN CONCERT WITH FORCE 

286(E)

SODOMY WHILE CONFINED IN PRISON OR JAIL 

286(F)

SODOMY: VICTIM UNCONSCIOUS OF THE NATURE OF THE ACT 

286(G)

SODOMY: VICTIM INCAPABLE OF GIVING CONSENT 

286(H)

SODOMY: WITHOUT CONSENT OF VICTIM AND DEFENDANT IN MENTAL FACILITY 

286(I)

SODOMY WITHOUT CONSENT: DRUGGED VICTIM AND DEFENDANT IN MENTAL FACILITY VICTIM INTOXICATED. 

286(K)

SODOMY BY THREAT OF AUTHORITY TO ARREST OR DEPORT 

288

LEWD OR LASCIVIOUS CRIMES AGAINST CHILDREN UNDER 14 YEARS 

288(A)

LEWD OR LASCIVIOUS ACTS WITH CHILD UNDER 14 YEARS 

288(B)

LEWD OR LASCIVIOUS ACTS WITH CHILD UNDER 14 YEARS WITH FORCE 

288(C)

LEWD OR LASCIVIOUS ACTS WITH CHILD 14 OR 15 YEARS OLD 

288A

ORAL COPULATION 

288A(A)

ORAL COPULATION 

288A(B)(1)

ORAL COPULATION WITH PERSON UNDER 18 YEARS 

288A(B)(2)

ORAL COPULATION WITH PERSON UNDER 16 YEARS 

288A(C)

ORAL COPULATION WITH PERSON UNDER 14 OR BY FORCE  

288A(D)

ORAL COPULATION IN CONCERT WITH FORCE OR FEAR.  

288A(D)(1)

(PRIOR CODE) ORAL COPULTATION IN CONCERT WITH FORCE OR FEAR 

288A(D)(2)

ORAL COPULATION IN CONCERT BY THREAT OF RETALIATION 

288A(E)

ORAL COPULATION WHILE CONFINED IN PRISON OR JAIL 

288A(F)

ORAL COPULATION: VICTIM UNCONSCIOUS OF THE NATURE OF ACT 

288A(G)

ORAL COPULATION: VICTIM INCAPABLE OF GIVING CONSENT 

288A(H)

ORAL COPULATION: WITHOUT CONSENT: VICTIM AND DEFENDANT IN STATE HOSPITAL 

288A(I)

ORAL COPULATION: VICTIM INTOXICATED 

288A(K)

ORAL COPULATION BY THREAT OF AUTHORITY TO ARREST OR DEPORT 

288.3

CONTACTING MINOR W/INTENT TO COMMIT SEX OFFENSE 

288.3(a)

CONTACTING MINOR W/INTENT TO COMMIT SEX OFFENSE 

288.5

CONTINUOUS SEXUAL ABUSE OF CHILD 

288.5(A)

CONTINUOUS SEXUAL ABUSE OF CHILD 

288.7(a)

SODOMY W/CHILD UNDER 10 YEARS OLD 

288.7(b)

ORAL COPULATION W/CHILD UNDER 10 YEARS OLD 

289

SEXUAL PENETRATION BY FOREIGN OBJECT 

289(A)

(PRIOR CODE) SEXUAL PENETRATION WITH FOREIGN OBJECT WITH FORCE 

289(B)

SEXUAL PENETRATION WITH FOREIGN OBJECT: VICTIM INCAPABLE OF CONSENT 

289(C)

SEXUAL PENETRATION WITH FOREIGN OBJECT: NO CONSENT: VICTIM AND DEFENDANT IN MENTAL INSTITUTION 

289(D)

SEXUAL PENETRATION: FOREIGN OBJECT: VICTIM UNAWARE OF NATURE OF ACT 

289(E)

SEX PENETRATION WITH FOREIGN OBJECT: VICTIM DRUGGED 

289(F)

SEXUAL PENETRATION WITH FOREIGN OBJECT: VICTIM BELIEVES IT'S SPOUSE 

289(G)

SEXUAL PENETRATION WITH FOREIGN OBJECT: AUTHORITY THREAT ARREST  

289(H)

SEXUAL PENETRATION WITH FOREIGN OBJECT: VICTIM UNDER 18 YEARS 

289(I)

SEXUAL PENETRATION WITH FOREIGN OBJECT: VICTIM UNDER 16 YEARS 

289(J)

SEXUAL PENETRATION WITH FOREIGN OBJECT: VICTIM UNDER 14 YEARS 

290

SEX OFFENDER REGISTRATION STATUTE 

311.1

(PRIOR CODE) INDECENT EXPOSURE 

311.1(A)

ADVERTISE OBSCENE MATTER DEPICTING MINOR. 

311.10

(PRIOR CODE) ADVERTISE OBSCENE MATTER DEPICTING MINOR 

311.11

POSSESS OBSCENE MATTER DEPICTING CHILD UNDER 14 

311.11(A)

POSSESS OBSCENE MATTER OF MINOR IN SEXUAL ACT 

311.11(b)

POSSESS/ETC. OBSCENE MATTER OF MINOR IN SEXUAL ACT/ATTEMPT 

311.11(B)

POSSESS MATTER DEPICTING MINOR IN SEXUAL ACT WITH PRIOR CONVICTION 

311.2(B)

DISTRIBUTE OBSCENE MATTER DEPICTING MINOR FOR COMMERCIAL CONSIDERATION 

311.2(C)

POSSESS OR DISTRIBUTE OBSCENE MATERIAL DEPICTING MINOR (MISDEMEANOR) MATTER OF MINOR TO MINOR WITH PRIOR CONVICTION 

311.2(D)

DISTRIBUTE OBSCENE MATTER OF MINOR TO MINOR 

311.3

(PRIOR CODE) SEXUAL EXPLOITATION OF A CHILD. 

311.3(A)

DEPICT SEXUAL CONDUCT OF MINOR 

311.4

EMPLOYMENT OR USE OF MINOR TO PERFORM PROHIBITED ACTS 

311.4(A)

EMPLOYMENT OR USE OF MINOR TO PERFORM PROHIBITED ACTS.  

311.4(B)

EMPLOYMENT OR USE OF MINOR TO PERFORM PROHIBITED ACTS FOR COMMERCIAL PURPOSES.  

311.4(C)

USE UNDERAGE PERSON FOR OBSCENE MATTER 

314.1

INDECENT EXPOSURE 

314.2

ASSIST ACT OF INDECENT EXPOSURE 

647A

ANNOY OR MOLEST CHILDREN 

647A(1)

ANNOY OR MOLEST CHILDREN 

647.6

ANNOY OR MOLEST CHILDREN CHILD UNDER 18. 

647.6(A)

ANNOY OR MOLEST CHILDREN CHILD UNDER 18. 

647.6(C)(2)

ANNOY OR MOLEST CHILDREN CHILD UNDER 18. 

653F(C)

"SOLICITS ANOTHER TO COMMIT 261,286,288a SOLICITING COMMISSION OF 264.1, 288, OR 289 BY FORCE OR VIOLENCE" 

702 WIC

(OLD PRIOR CODE) CONTRIBUTE TO DELINQUENCY MINOR (LEWD OR LASCIVIOUS FINDING) 

5512

MENTALLY DISORDERED SEX OFFENDER COMMITMENT UP TO 90 DAYS 

6316

COMMITMENT (90 DAYS) AS A MENTALLY DISORDERED SEX OFFENDER  

286(C)(1)

SODOMY WITH PERSON UNDER 14 YEARS 

261(A)(1)

RAPE: VICTIM INCAPABLE OF GIVING CONSENT 

288(B)(1)

LEWD OR LASCIVIOUS ACTS WITH CHILD UNDER 14 YEARS WITH FORCE 

288(B)(2)

CARETAKER, SEXUAL ACT ON DEPENDENT ADULT WITH FORCE 

288(C)(1)

LEWD OR LASCIVIOUS ACTS WITH CHILD 14 OR 15 YEARS OLD 

288(C)(2)

"CARETAKER, LEWD AND LASCIVIOUS ACTS ON DEPENDENT ADULT" 

288A(D)(3)

ORAL COPULATION IN CONCERT: VICTIM INCAPABLE OF CONSENT 

288A(F)(1)

ORAL COPULATION: VICTIM WAS UNCONSCIOUS OR ASLEEP 

288A(F)(2)

ORAL COPULATION: VICTIM WAS UNCONSCIOUS AND NOT AWARE OF ACT 

288A(F)(3)

ORAL COPULATION: VICTIM NOT AWARE DUE TO PERPETRATORS FRAUD 

286(J)

SODOMY WITHOUT CONSENT: BELIEVE PERSON IS SPOUSE 

288A(J)

ORAL COPULATION: BELIEVE PERSON IS A SPOUSE 

266H(B)

PIMPING WHERE PROSTITUTE IS UNDER 16 

269

AGGRAVATED SEXUAL ASSAULT WITH CHILD UNDER 14 OR 10 YEARS YOUNGER THAN PERPETRATOR 

209(B)(1)

KIDNAP FOR RANSOM WITH INTENT TO COMMIT 261, 286, 288, 288a, 289 

269(A)

AGGRAVATED SEXUAL ASSAULT WITH CHILD UNDER 14 OR 10 YEARS YOUNGER THAN PERPETRATOR 

269(A)(2)

AGGRAVATED SEXUAL ASSAULT WITH CHILD UNDER 14 TO VIOLATE PC 264.1 

269(A)(3)

AGGRAVATED SEXUAL ASSAULT WITH CHILD UNDER 14 TO VIOLATE PC 286 BY FORCE OR FEAR 

269(A)(4)

AGGRAVATED SEXUAL ASSAULT WITH CHILD UNDER 14 TO VIOLATE PC 288a BY FORCE OR  

269(A)(5)

AGGRAVATED SEXUAL ASSAULT WITH CHILD UNDER 14 TO VIOLATE PC 289(a) 

289(D)(1)

SEXUAL PENETRATION: FOREIGN OBJECT, VICTIM UNCONSCIOUS OR ASLEEP 

289(D)(2)

SEXUAL PENETRATION: FOREIGN OBJECT, VICTIM UNAWARE 

289(D)(3)

SEXUAL PENETRATION: FOREIGN OBJECT, VICTIM UNAWARE BECAUSE PERPETRATOR'S FRAUD 

311.3(B)

SEXUALLY EXPLOIT MINOR: DEPICT MINOR IN SEX ACT 

311.3(B)(1)

SEXUALLY EXPLOIT MINOR: SEXUAL INTERCOURSE 

311.3(B)(2)

SEX EXPLOIT MINOR: PENETRATION BY FOREIGN OBJECT 

311.3(B)(3)

SEXUALLY EXPLOIT MINOR: MASTURBATION 

311.3(B)(4)

SEXUALLY EXPLOIT MINOR: SADOMASOCHISTIC ABUSE 

311.3(B)(5)

SEXUALLY EXPLOIT MINOR: EXHIBIT GENITALS 

311.3(B)(6)

SEXUALLY EXPLOIT MINOR: DEFECATE, URINATE FOR VIEWER STIMULATION 

311.3(D)

PRIOR CONVICTION: PUNISHMENT 

288A(C)(2)

ORAL COPULATION WITH FORCE OR VIOLENCE 

286(C)(2)

SODOMY WITH FORCE OR VIOLENCE 

286(C)(3)

SODOMY WITH THREAT OF RETALIATION 

288A(C)(1)

ORAL COPULATION WITH PERSON UNDER 14 

288A(C)(3)

ORAL COPULATION WITH THREAT OF RETALIATION 

289(A)(1)

SEXUAL PENETRATION, FOREIGN OBJECT WITH FORCE 

289(A)(2)

SEXUAL PENETRATION, FOREIGN OBJECT WITH THREAT OF RETALIATION 

288.2

HARMFUL MATTER: SPECIAL CIRCUMSTANCES 

288.2(A)

HARMFUL MATTER: SENT WITH INTENT OF SEDUCTION OF MINOR VIA PHONE 

288.2(B)

HARMFUL MATTER: SUBSEQUENT ARREST SEDUCTION OF MINOR VIA MAIL/INTERNET 

243.4(E)(1)

TOUCH PERSON INTIMATELY AGAINST WILL FOR SEXUAL AROUSAL/ETC 

261(A)(4)(A)

RAPE: VICTIM WAS UNCONSCIOUS OR ASLEEP 

288A(F)(4)

ORAL COPULATION: VICTIM NOT AWARE - FRAUD. MISREPRESENTATION 

288B

PRIOR CODE-ORAL COPULATION IN CONCERT WITH FORCE/ETC. 

647.6(C)(1)

ANNOY/MOLEST CHILDREN W/PR 

261(A)(4)(D)

RAPE: VICTIM NOT AWARE - FRAUDULENT MISREPRESENTATION 

289(D)(4)

SEX PENETRATION: VICTIM NOT AWARE - FRAUDULENT MISREPRESENTATION 

647.6(a)(1)

ANNOY/MOLEST CHILD UNDER 18 YEARS OLD 

647.6(a)(2)

ANNOY/MOLEST PERSON BELIEVED TO BE UNDER 18 YEARS OLD 

647.6(B)

ANNOY/MOLEST CHILDREN: ILLEGAL ENTRY 

SENTENCING

         Sex crimes carry hefty jail and/or prison terms. For example, the law (Pen. Code, § 667.6) provides for a separate, and consecutive term for each sex act (as opposed to each criminal case) if the crimes involve the same victim on the same occasion

No Probation Allowed in Certain Cases

         Penal Code section 1203.066 prohibits a court from granting probation in certain sex cases: (1) A person who is convicted of violating Section 288 or 288.5 when the act is committed by the use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. (2) A person who caused bodily injury on the child victim in committing a violation of Section 288 or 288.5. (3) A person who is convicted of a violation of Section 288 or 288.5 and who was a stranger to the child victim or befriended the child victim for the purpose of committing an act in violation of Section 288 or 288.5, unless the defendant honestly and reasonably believed the victim was 14 years of age or older. (4) A person who used a weapon during the commission of a violation of Section 288 or 288.5. (5) A person who is convicted of committing a violation of Section 288 or 288.5 and who has been previously convicted of a violation of Section 261, 262, 264.1, 266, 266c, 267, 285, 286, 288, 288.5, 288a, or 289, or of assaulting another person with intent to commit a crime specified in this paragraph in violation of Section 220, or who has been previously convicted in another state of an offense which, if committed or attempted in this state, would constitute an offense enumerated in this paragraph. (6) A person who violated Section 288 or 288.5 while kidnapping the child victim in violation of Section 207, 209, or 209.5. (7) A person who is convicted of committing a violation of Section 288 or 288.5 against more than one victim. (8) A person who, in violating Section 288 or 288.5, has substantial sexual conduct with a victim who is under 14 years of age. (9) A person who, in violating Section 288 or 288.5, used obscene matter, as defined in Section 311, or matter, as defined in Section 311, depicting sexual conduct, as defined in Section 311.3.

         (b) "Substantial sexual conduct" means penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object, oral copulation, or masturbation of either the victim or the offender.

         California’s One Strike Law

         California’s One Strike law is an alternative sentencing scheme that applies to certain felony sex offenses. The One Strike Law requires that the trial court impose a term of either 15 or 25 years to life in prison when the jury has convicted the defendant of a specified felony sex crime (§ 667.61 [listing applicable crimes]) and has also found certain factual allegations to be true (§ 667.61, subds. (d)(e)). The applicable crimes are: (1) Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261. (2) Spousal rape, in violation of paragraph (1) or (4) of subdivision (a) of Section 262. (3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. (4) Lewd or lascivious act, in violation of subdivision (b) of Section 288. (5) Sexual penetration, in violation of subdivision (a) of Section 289. (6) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286. (7) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 288a. (8) Lewd or lascivious act, in violation of subdivision (a) of Section 288. (9) Continuous sexual abuse of a child, in violation of Section 288.5. (d).

POSSIBLE DEFENSES

         It Did Not Happen

         Consent.

         The California Supreme Court has held that an accused's good faith, reasonable belief that a victim was 18 years or older is a defense to a charge of statutory rape. An accused possesses criminal intent when he acts without a belief that his victim is 18 or over. However, the court determined that if one engages in sexual intercourse with a person he or she reasonably believes she is 18 or over, then criminal intent is missing. An honest and reasonable belief in the existence of circumstances, which, if true, would make the act for which the person is indicted an innocent act, has always been held to be a good defense. People v. Hernandez (1964) 61 Cal. 2d 529

Consent No Defense to Sex Crimes with Minors Under a Certain Age

Under the Age of 14 Years Old

         In 1984, the California Supreme Court issued an opinion in People v.Olsen (1984) 36 Cal. 3d 638 holding that reasonable mistake of age is nota defense to a charge under section 288, subdivision (a) (lewd acts on a child under the age of 14). The Olsen court reasoned that children under age 14 are in need of special protection "not given to older teenagers."

         Age 14 and 15 Years Old

         In People v. Paz (2000) 80 Cal.App.4th 293, the California Court of Appeal held that in the case of 14 and 15 year olds, if the perpetrator is at least ten years older than the victim, the accuser cannot consent. The court found a "legislative desire to protect 14- and 15-year-olds from predatory older adults to the same extent children under 14 are protected . . .

STATUTE OF LIMITATIONS MAY NOT APPLY IN SEX CRIMES

         Child Molestation

          The general statute of limitations for child sexual abuse as prescribed by Penal Code sections 288 and 288.5 is six years. (Pen. Code, § 800.) Penal Code section 803 specifies the circumstances, which toll the general statutory period of limitations. In 1994, the Legislature added subdivision (g) to Penal Code section 803, effective January 1, 1994. (Stats. 1993, ch. 390, § 1.) That provision extends the period of limitations for violations of Penal Code sections 288 and 288.5.

         In Stogner v. California, supra, 539 U.S. 607, the United States Supreme Court considered an ex post facto challenge to Penal Code section 803 subdivision (g) as it applied retroactively to an offense that was time-barred prior to January 1, 1994, the effective date of the statute. As to that application, the high court held that Penal Code subdivision (g) violated the prohibition against ex post facto laws. (Id. at p. 609 [at p. 550].)

         The Statute of Limitations May be Triggered Anew

         Penal Code section 803 (f) allows the prosecution to file a criminal complaint within one year of the date of a report to a California law enforcement agency by a person of any age alleging that he or she, while under the age of 18 years, was the victim of a crime described in Section 261, 286, 288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object.

         This law applies only if all of the following occur: (A) The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired. (B) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual. (C) There is independent evidence that corroborates the victim's allegation. If the victim was 21 years of age or older at the time of the report, the independent evidence shall clearly and convincingly corroborate the victim's allegation.

Reasons Why the Law Extends the Statute of Limitations

         Penal Code section 803 (f), extends the statute of limitations for bringing a prosecution for certain sex offenses committed against a minor. The cases remain unreported for years. Children are often very young, confused, and guilty, and they are afraid to report or may not even know that what happened is indeed a crime. As a result, many cases of child victimization cannot be prosecuted simply because the child did not report it until a number of years later and the statute of limitations had expired. An additional problem is that some abusers, particularly those with authority over the child, threaten and intimidate the child in order to keep the activity secret. The statute prevents child abusers from going unpunished simply because their victims were too young to report the crime within the period prescribed in the statute of limitations. People v. Olecik (1995) 33 Cal.App. 4th 1062.

         The Ten Year Statute of Limitations

         Penal Code section 801.1 makes the statute of limitations ten years for certain sex offenses and for accusers under the age of eighteen and reported before the age of 18 years old. The offenses are listed as violations of Penal Code section 261, 286, 288, 288.5, 288a, or 289, or Section 289.5.


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