Sex Crimes

October 14, 2015

Bill to Increase Prison Sentences for Sex Offenders on Governor’s Desk

A bill by state Sen. Patricia Bates (R-Laguna Beach) that would increase prison sentences for high-risk sex offenders who tamper with their electronic tracking devices is reported to be headed to Governor Jerry Brown’s desk for approval. The bill was inspired by the Orange County serial killings of four women who disappeared from high-prostitute areas of Santa Ana and Anaheim. The subsequent investigation showed that the two men involved, Steve Gordon and Franc Cano, twice cut off their monitoring devices and fled to Alabama and Las Vegas.

Bates’ bill would make it a felony for the most egregious sexual offenders to remove their GPS monitors, with prison terms for that violation up to three years. Eligible crimes include rape, spousal rape, and rape of a child. The bill was passed by the California Assembly and now awaits Jerry Brown’s signature to become California state law.

Definition of Rape

September 17, 2015

California Teen Faces Life in Prison for Allegedly Extorting Nude Photos from Underage Girls

by David M. Boertje

A 19 year old teen in the Los Angeles area recently pleaded “not guilty” to over 150 counts of porn extortion. The District Attorney’s Office said that Cesar Estrada has been charged with felony and misdemeanor counts of extortion, lewd acts upon a child, and possession of child pornography. This is because he allegedly sought out girls on social media claiming to be a modeling agent. After asking them to send him photos of themselves in their underwear, he allegedly threatened to share those photos with their families unless they sent him nude pictures. The victims were all under 18 years old and spanned eight states.

A month ago, investigators served a search warrant at the apartment on Rosemead Boulevard where Estrada-Davila lived with his mother and siblings. He was arrested Wednesday and brought to court Friday, and will be due back in court next month. He remains in jail with a $400,000 bail and faces up to life imprisonment if convicted of all counts.

The Crime of Extortion (aka “blackmail”)

Under CA Penal Code 518, the crime of extortion/blackmail occurs when:

One uses force or threats to compel another person to give them money or other property (ie. photographs);
One uses force or threats to compel another person to force a public officer to perform an official act;
A public official (ie. cop), uses his or her authority to force others to give him or her their money or property

Extortion in most cases is a felony in California, but as shown by this case, it is further complicated when mixed in with other charges involving minors, lewd acts with children, and pornography. Penalties for extortion alone are two to four years imprisonment with up to a $10,000 fine.

It should also be noted that in 2013, Governor Jerry Brown signed S.B. 255, which makes it a misdemeanor to post identifiable nude pictures of someone else online without permission with the intent to cause emotional distress or humiliation.

Legal Defenses to Extortion:

You were falsely accused
You did not actually force anyone to hand over property
There is insufficient evidence to support the conviction (an available defense to every crime)

June 26, 2015

State Legislatures Coming Down on Campus Rapes in California Universities

by David M. Boertje

Although the topic of campus rape has made national headlines, the state of California is no doubt the most aggressive when it comes to addressing sexual assault on campuses. Last month, California Attorney General Kamala Harris and University of California President Janet Napolitano released a Model Memorandum of Understanding on Campus Sexual Assault (“Model MOU”) which serves as a guide for college campuses and law enforcement agencies to facilitate better coordination in dealing with campus sexual assault cases. The Model MOU is intended to help campuses comply with A.B. 1433, which was signed into law last October 2014. A.B. 1433 requires colleges to report certain violent crimes (e.g. sexual assault and hate crimes), occurring on or near campus, to local law enforcement, with the permission of the victim. Prior to A.B. 1433, Governor Jerry Brown also signed into law S.B. 967 (“Yes Means Yes law”) in September 2014. That law requires California universities that receive public funding to require students to get “affirmative, conscious, and voluntary agreement to engage in sexual activity.

Going further, as of present, the state of California also has a “college campus sexual assault assembly package” coming down the pipeline. The package consists of 3 bills aimed at California state schools which receive public funding:

A.B. 967– This bill was introduced by Senate pro tempore Kevin de León (D-Los Angeles) in April and would set a minimum of two years academic suspension for students found responsible for rape and forcible sex acts. The bill passed the assembly 62-4 and is currently headed to the state Senate. It should be noted that while this bill imposes punishments that should be doled out by school disciplinary boards, school boards operate independently of the criminal justice system. You could in theory, be punished under both and receive suspension/expulsion and jail time under California Penal Code 261. Opponents of this bill are concerned that different boards operate differently as well, with school punishments ranging from community service to expulsion.

March 2, 2015

California Supreme Court Says Sex Offender Residency Law is Unconstitutional

by David M. Boertje

Earlier this Week, the California Supreme Court decided unanimously that blanket, statewide bans on where sex offenders may not live (“Jessica’s Law”) violate the constitutional rights of parolees in San Diego County. Jessica’s Law (aka Proposition 83), named after a 9-year-old girl who fell victim to a sex offender who failed to report his whereabouts, was proposed via a ballot initiative in 2006. Due to Megan’s Law, those who have been convicted of a sex crime must register with their local law enforcement agency.

Jessica’s Law therefore barred registered sex offenders from living within 2,000 feet of a school or park where children gather, regardless of whether the crimes actually involved children. Sex offenders subsequently challenged the law in court, claiming that it made it impossible for them to find a place to live. The court recognized that the law made over 97% of rental housing in San Diego unavailable, and ruled that the consequences of the law were so severe, it hampered rehabilitation and caused homelessness. Although the unanimous ruling immediately affects only San Diego County, it will certainly pave the way for the same policies in major metropolitan areas, including San Francisco.

What to Do If You Are Charged With a Sex Crime