Rizio and Nelson California Law Blog

New 2010 Firearms Laws

As I was researching for current topics for this blog, I came across the news that California’s New and Amended Firearms Legislation has come into effect starting January first of this year. As I began to read the new regulations, I thought they were fairly straightforward. I found these three that regulate ammunition, and I quote: “Any person who is enjoined from engaging in activity associated...

California Felony Expungement

An expungement is done to allow you to fill out a job application and say honestly that you have no convictions.  In California, the process to get a felony expunged is a civil matter. Some felonies are not eligible to be expunged from the record.  Most of these are sexual crimes and cannot be expunged from a criminal record.  The specific ones are: – Engagement in Three or More Sexual Acts...

Prostitution

Prostitution convictions can result in a criminal record and a social stigma that can limit your ability to find employment, exclude you from adequate housing, and can cause lifelong harm to your personal reputation and relationships. Convictions can also result in prison terms. Prostitution is sexual activity in exchange for money or other wanted/needed items (such as food, clothing, and similar items)....

Pornography

The goal of Rizio & Nelson is to rigorously defend Californians who have been charged or accused of criminal offenses, including pornography. Our trial lawyers have specific expertise in defense of cases involving Californians who have been accused of possessing or distributing pornography.  Pornography includes any material, textual or visual, that is solely intended to incite or excite sexual...

Pandering/Pimping

The most common frequently used definition of pandering is “the act of recruiting a prostitute, finding a place of business for a prostitute or soliciting customers for a prostitute.” In some states, this crime is broadened to include the sale or distribution of textual or visual material explicitly advertised to appeal to the recipient’s sexual interests; this may also be known as...

Obscenity

Displaying obscene content on your adult website or home page is a punishable crime in the United States. Unfortunately, which images or ideas are “obscene” varies widely within different minds and communities in the United States, and adult website webmasters should be aware that they can be prosecuted anywhere for violating obscenity laws. The “Miller Test” (Miller V. California,...

Molestation

Technically speaking, molestation is classified as the harassment by way of unwanted or indecent advances for the purposes of the defendant’s sexual gratification. Most serious and becoming more commonplace is child molestation, which is defined as sexual advances on a child under the age of 14 years old. A seemingly meaningless and even casual comment made by a child to anyone required by law to...

Marital or Spousal Rape

Spousal rape is technically defined as non-consensual sexual assault in which the perpetrator is the victim’s spouse. Spousal rape is also known as marital rape and is often wrongly associated with partner rape or intimate partner sexual assault (IPSA). Because there is a widely and wrongly held view that a man or woman surrenders the right to consent upon entering a marriage, the law has been...

Internet Pornography

It is within reason to be found in possession of pornographic materials without your knowledge by the mere presence of pornographic images on your computer hard drive, regardless of how or when those images were obtained, or whether or not it was with your consent. The definition of internet content as “pornography” is extremely vague and subject to personal interpretation (normally that...