Rizio and Nelson California Law Blog

Sexual Crimes in California

Date Rape More often than not charges of date rape lack material witnesses and/or physical evidence. Many cases of “date rape” are spouses of the defendant being charged. It is essential to your defense that we are able to conduct thorough pre-trial investigation work including criminal history, psychological profiles, potential motives, and that we are able to ask questions of character...

California Crimes Against Children

Child Abuse Child Abuse is technically classified as cruelty inflicted on a child. This can include mental or physical abuse, neglect, or sexual exploitation. Teachers, doctors, and other caregivers are legally, ethically, and morally required to report any suspected cases of child abuse. We also know that testimony obtained from a child may have been coerced in a manner meant to assist the prosecutors’...

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...

Prostitution Laws

The following actions may result in a prostitution charge: a) Any act committed with the intent to sexually arouse or gratify. b) Loitering in or around any public toilet for purposes of engaging in or soliciting any lewd, lascivious, or unlawful act. c) Loitering or wandering the streets or place to place without any apparent reason and refusing to identify or account for his or her presence when...

DUI Felony Classification

Felonies are crimes that are punishable up to state prison terms. The term length is variable, depending upon the severity of the crime and the criminal record of the offender, and can be low, mid, or high term. A DUI may be a misdemeanor or a felony depending the offender’s criminal background and other variables. The California court system guides DUI convictions and punishments based on applicable...

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...

Solicitation of a Prostitute

Solicitation of a prostitute is in reference to a person attempting to incite lewd conduct from another person. Solicitation to engage in lewd conduct is characterized by a specific intent to engage in that conduct. Specific intent is intent specifically seeking a particular result. In a prostitution case, the result is an act of lewd conduct. Lewd conduct is the specific intent to sexually arouse,...

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...