Sex offenses can run the gamut from sexual battery to statutory rape and child molestation. Conviction for most of these crimes will result in the Defendant having to register as a sex offender for life. Being featured on "Megan's List" will make it difficult or near impossible to find employment and may cause the Defendant to suffer harassment.
Mr. Devitt has defended many of these cases including several featured on "Dateline NBC" – "To Catch a Predator." Even if the Prosecutor has DNA evidence there are certain defenses that may be used, such as consent, to nullify this evidence. If the evidence is overwhelming, Mr. Devitt may be able to get the charges reduced to an offense where the Defendant does not have to register as a sex offender. Do not become one of the more than 63,000 people already registered in California as sex offenders.
In 2006, California voters passed Proposition 83, imposing new laws on sex offenders. For example, sexual intercourse without the consent of the other party is rape under California law. The punishment is usually 3 to 8 years in state prison. It is considered statutory rape if the other person involved in the sexual intercourse is less than 18 years old. When the defendant is over 21 and the victim is under the age of 16, the punishment may include 1 year in county jail or up to 4 years in state prison, even if the minor consented!
Sexual battery is a crime that involves touching an intimate part of another person. For this crime, imprisonment may be from 1 year in county jail up to 4 years in state prison.
The crimes of oral copulation, sodomy or penetration by a foreign object are only crimes when there is an age discrepancy between the sexual partners.
If the victim is less than 18 years old, the penalty can be up to 1 year in county jail or state prison. If the defendant is over 21 and the victim is less than 16, it is a felony that can be punished by 3 to 8 years in state prison.