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Unlawful Sexual Intercourse

Unlawful Sexual Intercourse With A Person Under 18

Given the gravity of this sex crime and the concerted efforts of the legal system to protect minors, you must seek legal representation at the earliest opportunity. This step will not only provide you with crucial guidance but also ensure that you don't inadvertently make any statements that could be used against you.

Also, be careful that the authorities don't have somebody call you, like the alleged victim or somebody else, challenge you with information, tape record the conversation, and then use that evidence against you.  That's called a pretext phone call.

Reasonable Belief Not a Minor

Now, it's not clear when you say unlawful sexual intercourse.  That could be consensual.  In other words, if you have some sexual contact with someone under the age of 18, even if it's consensual, that's still a crime. However, there are potential legal defenses.  

The only way you would get out of that realistically is if the person was close to 18 and looked like they were 18 years old or older. They represented that they were 18 or older, so you could argue that you reasonably should not have known that person was under 18. It was consensual, and therefore, it was no crime.  

Under the right circumstances and with the appropriate evidence, the argument of reasonable belief can indeed prevail, offering you a ray of hope for a favorable outcome.

But otherwise, even if the other person consented to have some sexual contact with you if you knew that they were under the age of 18, that's a crime. 

Penal Code 261.5 PC,  a wobbler who could be charged with a misdemeanor or a felony, can be charged against you.  You could be looking at probation, jail time, or even prison time, and you could also be looking at having to register as a sex offender. A 'wobbler' charge means that the prosecutor has the discretion to charge you with either a misdemeanor or a felony, depending on the circumstances of the case. This means the severity of the charge can vary, and it's crucial to have legal representation to navigate this potential outcome.

A lot of times where I see this come up is when another party gets someone pregnant, and then the hospital is looking for who the father is on the birth certificate.  The next thing you know, they're realizing that the person who's pregnant is under the age of 18, and obviously, the father is going to have a problem in that scenario. 

 If the person's name is given, police are likely going to be called to the hospital because the hospital must report any sexual contact with someone under the age of 18.

Don't Make Statements to Police

These cases are severe,  and a lot is at stake.  It's crucial that you refrain from making any statements to the police.  The moment you sense potential criminal charges, jail time, prison time, or sex registration, it's vital to engage an attorney immediately and let them guide you through the process. 

Remember, your rights and freedoms are at stake, so it's crucial to be cautious and avoid making any statements that could be used against you.

I have you come in, sit down, and go over the whole case. We talk about it, get our strategy together, and start making moves right from the beginning that protect your rights, freedom, reputation, and criminal record, which is obviously very important in these cases.

One good thing about these types of sex crime cases is there is a chance if you do have to plead guilty or no-contest to Penal Code Section 261.5 consensual sexual contact or intercourse with somebody under the age of 18, you could avoid sex registration. 

This is not a mandatory sex registration crime.  So, this is one of the few crimes that can be charged as a felony that you don't have to register as a sex offender necessarily.

In Los Angeles County, prosecutors can require it as part of a plea deal, or the judge can order it as part of a probationary sentence.

A 'plea deal' is an agreement between the prosecutor and the defendant where the defendant agrees to plead guilty or no contest in exchange for a lesser charge or sentence. A 'probationary sentence' is a period of supervision instead of incarceration.  

A lot of it is negotiable and is something you want to talk to your attorney about.  Let the attorney make the necessary arguments and moves to get you the best possible resolution.

So, if you're charged with unlawful sexual intercourse with someone under the age of 18 in one of the Los Angeles County courthouses, pick up the phone and call me.  We'll sit down and meet.  If it's your child that's charged with that or someone you know, obviously you want to get them a reasonable attorney who knows what they're doing and has handled these cases successfully in LA county.

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