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Government Report Finds Thousands Of Registered Sex Offenders Issued Passports – California Penal Code Section 290 On July 13, 2010, the Government Accountability Office (GAO) released a report stating that the United States government issued passports to at least 4,400 convicted sex offenders during the 2008 fiscal year. Convicted sex offenders who were issued passports […]
Perez Hilton Tweets Upskirt Photo Of 17-Year-Old Miley Cyrus; Cyrus Will Not Press Charges – California Penal Code Section 311.3(A), (B)(5) On June 13, 2010, popular blogger Perez Hilton tweeted a picture that appeared to show 17-year-old exiting a car while not wearing underwear. Under applicable law, a question arises as to whether Hilton may […]
Research Shows Current Sex Offender Laws Ineffective Recent studies have shown that current sex offender laws are not as effective as people may think. Under California law, convicted sex offenders are required to go through sex offender registration and live in restricted areas that are certain distances from schools and parks. Their residences are shown […]
Crime in One County Can be Joined with a Crime in Another County - California Penal Code Section 288 The California Courts of Appeal recently held when more than one violation of Penal Code Section 288 occurs in more than one jurisdictional territory and the offenses are properly joinable, the jurisdiction lies in any jurisdiction […]
What Does the Prosecution have to Prove in Order to Convict a Defendant of Sexual Molestation? - California Penal Code Section 288(a) Sexual molestation is a serious charge. California Penal Code Section 288(a) provides that any person who willfully and lewdly commits any lewd or lascivious act upon or with the body… of a child […]
Jury Instruction was Correct in Child Molestation Case A recent California Court of Appeals case, People v. Shaw, held that a jury instruction that instructed the jury to convict if the defendant had tendencies towards children as a class was correct, despite the defendant’s contentions otherwise. Shaw was convicted of multiple counts of child molestation […]
Statute of Limitations for Sex Offenses is 10 Years, California Penal Code Section 803 Before 2001, California Penal Code Section 803 allowed the filing of a complaint within one year after DNA testing established a suspect's identity, but no later than "six years after commissioning of the offense." However, statutory amendments in 2001 extended the […]
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