Sex Crimes

New Bay Area scam targeting chat room users with threats of Criminal Prosecution for Child Pornography (CA Penal Code 311)

Since January 2017, Summit Defense Criminal Attorneys has received numerous calls from terrified individuals who describe essentially an identical fact pattern:After a brief encounter with an another individual in a chat room and an unsolicited sexual photograph, they receive a call from an irate father who claims either an accident or medical treatment for their minor child.  The calls is accompanied with demand for funds and a threat to contact the authorities for sexual contact with a minor or possession of child pornography (CA Penal Code 311).Naturally, this produces extreme anxiety and several callers have informed us that they have...

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San Francisco Sheriff Denies Home Detention After Child Porn Conviction (CA Penal Code 311)

San Francisco Sheriff denies Home Detention After Child Porn ConvictionIn a far too common turn, Enrique Pearce’s sentencing for possession of Child Pornography (CA Penal Code section 311) was delayed because the San Francisco Sheriff declined to accept Mr. Pearce into it’s home detention program. While the Sheriff may deny anyone from the home detention program, Bay Area Sheriff departments routinely will deny those convicted of offenses involving minors from home arrest.  To be clear, home arrest allows a defendant to work but demands HOME ARREST at all other times. Prosecutors, under pressure from public outcry, and now the Sheriff’s office...

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Santa Clara District Attorney: No Charges Filed for Alleged Sexual Assault at Stanford University (CA Penal Code 243.4)

The Santa Clara District Attorney has decided not to file charges against a Stanford University graduate for alleged sexual assault  (CA Penal Code 243.4).  Prosecutors with the Santa Clara District Attorney’s office have deemed that there is insufficient evidence to charge the student.  It is the duty of a District Attorney to only charge cases they feel they can win at trial.  Govinda Dasu was arrested on Sept. 24 after officers were called to his room. Given the recent changes in law as well as the general atmosphere in San Jose around sexual assaults involving Stanford students, we truly respect the District...

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Sex Crimes & Statute of Limitations – Yet Another Blow to Judicial Limits (CA Senate Bill 813)

Sex crimes and statute of limitations – yet another blow to judicial limitsOn September 28, Governor Brown signed into law a provision that eliminates the Statute of Limitations for certain sex offenses (CA Senate Bill 813).  Currently, the statute of limitations is governed by CA Penal Code 803.  For the most part, the statute of limitations is either 10 years and can be as long as 10 years from the alleged victim’s 18th birthday.The new bill would eliminate a statute of limitations for rape (CA Penal Code 261), sodomy, and lewd or lascivious acts (CA Penal Code 288).  The only...

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