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How are Sex Crimes Different for Juveniles in Sacramento?
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How are Sex Crimes Different for Juveniles in Sacramento?
When a minor commits a sex crime, the laws and punishments are very different than for adults. As a parent, it can be scary and confusing if your child is accused of a sex crime. This article will explain how juvenile sex crimes are handled differently in Sacramento, CA.
Trying Juveniles as Adults
First, it’s importent to know that juveniles can sometimes be tried as adults for sex crimes in CA. This is known as a “direct file.” Prosecuters decide whether to charge the minor as an adult based on:
- Age of the minor
- Seriousness of the crime
- Criminal history
If tried as an adult, the juvenile faces the same punishments as an adult offender. This includes potential prison time and having to register as a sex offender. However, research shows that putting juveniles through the adult system often backfires and increases re-offending rates.
Trying Juveniles as Juveniles
In most cases, juveniles accused of sex crimes are tried through the juvenile justice system. This approach focuses more on rehabilitation than punishment. Some key differences include:
- Privacy – Juvenile records are sealed and hearings are confidential
- Sentencing – Juveniles face rehabilitation programs, probation, or detention centers rather than adult prison
- Sex offender registration – Not required in most cases
However, juvenile sex offenses are still taken very seriously. California passed SB 820 in 2016 to crack down on juvenile sex crimes.
Common Juvenile Sex Crimes
Some sex crimes juveniles commonly face charges for include:
- Statutory rape – Consensual sex with a minor under age 18
- Lewd acts with a minor – Touching a minor for sexual gratification
- Sexual battery – Nonconsensual touching of an intimate part of another person
- Child molestation – Sexual conduct with a child under age 14
- Indecent exposure – Exposing oneself in public
- Creating or distributing child pornography
Penalties depend on the specific charges, criminal history, and other circumstances. But juvenile detention, counseling, community service, probation, and rehabilitation are common sentences.
Sex Offender Registration
One of the biggest differences between adult and juvenile sex offenses is sex offender registration. Adults convicted of sex crimes almost always have to register as sex offenders. But for juveniles in CA, registration is not automatic or permanent.
Following SB 820, judges have three options when sentencing a minor for certain sex crimes:
- Require sex offender registration
- No registration, but allow later decision
- No registration ever
Registration until age 18 or 25 is also possible. Overall, the judge tries to avoid registration if rehabilitation looks promising.
Hiring a Defense Lawyer
Many parents are hesitant to hire a lawyer when their child is accused of a sex crime. But having an experienced defense attorney is critical. The lawyer understands the juvenile justice system, defenses that apply, and how to advocate for your child.
For example, a defense attorney may argue:
- The minor is very young and didn’t understand the act
- No force or threat was used
- There was reasonable belief the minor was old enough to consent
- The minor has no prior record and is responding well to counseling
This can help get charges reduced or dismissed without a trial. Or if found guilty, avoid sex offender registration. So don’t go through this alone – consult a defense lawyer.
Takeaways
The juvenile justice system aims to rehabilitate, not just punish, minors who commit sex crimes. While these cases are serious, the focus is on treatment and counseling to prevent reoffending. Hiring an experienced juvenile defense lawyer is critical to protect your child’s future. With proper legal guidance, many juveniles can avoid sex offender registration and get a second chance to rebuild their lives.