Rizio and Nelson California Law Blog

California Indecent Exposure

CALIFORNIA CODES SECTION 314-318.6 (as of 6/2000) states that “Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, 2. Procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make...

Internet Pornography

You could be found in possession of pornographic materials by the mere presence of pornographic images on your computer hard drive, regardless of how or when those images were obtained. The definition of internet content as “pornography” is vague and subject to personal interpretation (normally that of both the jurors present and the judge presiding over the case) and prosecutors often...

California Obscenity Laws

If you were convicted of a sex crime, you should be aware that it may be possible to appeal the conviction. Defendants should appeal and make absolutely certain that they must register as a sexual offender. The social stigma associated with being a registered sex offender makes it hard to not only obtain employment, but can also affect your ability to form personal relationships or find a place to...

California Obscenity Laws

Displaying obscene content on your adult website or home page is a punishable crime in most parts of the United States. Truth be told, which images or ideas are “obscene” varies widely within different minds and communities even just in the United States, and adult site webmasters should be aware that they can be prosecuted to the full extent of the law for violating obscenity laws. The...

Child Enticement

Unfortunately, child enticement has a vague definition, and it is possible that this charge will be rendered against a person who actually had no criminal intent. Fortunately, the prosecution has the burden to prove intent to harm the child. Child enticement is generally defined as attempting to lure or persuade any child to enter, stay, or leave any building, vehicle or place with the use of force...

Child Pornography Charges

Simply receiving an email that depicts an actual (or simulated) sexual act by an individual under the age of 18 could result in your being charged under the California Child Pornography laws. Additionally, both state and federal laws are dictated that make it a crime to produce, distribute, or sell materials that exploit or even portray a minor child. In spite of the fact that the material may not...

Lewd/Lascivious Conduct

While the crime of lewd and/or lascivious conduct is classified as a misdemeanor and is subsequently a somewhat minor charge, a conviction still generally results in a criminal record and the possibility of lifelong registration as a sex offender. For this reason, like all sex crime charges, it must be taken extremely seriously. Prosecutors will generally argue that the accused person committed certain...

How can someone be convicted of Prescription Fraud?

The California criminal jury instructions (CALJIC) outlines the elements required to convict a person for prescription forgery. CALJIC 12.05 states that: “In order to prove this crime, each of the following elements must be proved: 1. A person forged/altered/issued/uttered a form for the prescription of drugs; and 2. As forged/altered issued/uttered the prescription was for [a narcotic drug]. Alternatively, 1....

What is prescription forging?

Prescription forging is against the law. By definition, it is the illegal acquisition of pharmaceuticals for personal use or profit. Prescription fraud is committed in many ways, including but not limited to visiting multiple doctors to receive multiple prescriptions, and forging the prescription to increase the quantity. The biggest factor driving prescription fraud is increased abuse and addiction...