Being accused of a sex offense, or learning that police want to talk to you about one, is frightening and isolating. You may feel you have to explain yourself right away. You do not. What you do in the next few days can matter a great deal, and the most useful step is usually the quietest one: say nothing to investigators and speak with a Criminal Defense lawyer first.
Common sex offense charges in California
California’s sex offense laws cover a wide range of conduct, from misdemeanors to serious felonies. Some of the charges most often filed include:
- Rape (Penal Code § 261): sexual intercourse accomplished without valid consent, including by force, threat, or when the other person cannot legally consent. This is a felony that can carry a state prison term.
- Unlawful sexual intercourse (Penal Code § 261.5): intercourse with a person under 18, sometimes called statutory rape. Depending on the ages involved, it can be charged as a misdemeanor or a felony.
- Lewd acts with a minor (Penal Code § 288): touching a child under 14, or in some cases a child of 14 or 15, with sexual intent. This is a felony that typically carries state prison exposure.
- Sexual battery (Penal Code § 243.4): touching an intimate part of another person against their will for a sexual purpose. It can be charged as a misdemeanor or a felony.
- Indecent exposure (Penal Code § 314): a first offense is usually a misdemeanor, but a conviction generally requires sex offender registration.
- Annoying or molesting a child (Penal Code § 647.6): conduct directed at a child under 18 that a normal person would be irritated or disturbed by, motivated by an abnormal sexual interest. A first offense is usually a misdemeanor.
- Possession of child pornography (Penal Code § 311.11): these cases often turn on computer forensics, such as how files reached a device and who had access to it.
Penalties depend on the specific charge, the facts, any prior record, and the county. Many of these offenses also carry consequences outside the courtroom, including registration, protective orders, and immigration or professional licensing issues.
Sex offender registration under Penal Code § 290
For many people, the biggest worry is registration. Under Penal Code § 290, a conviction for many sex offenses requires registering with local law enforcement. Since January 1, 2021, California has used a tiered system created by Senate Bill 384:
| Tier | Minimum registration period | Generally applies to |
|---|---|---|
| Tier 1 | 10 years | Many misdemeanor and some lower-level felony offenses |
| Tier 2 | 20 years | Certain more serious felony offenses |
| Tier 3 | Lifetime | The most serious offenses, repeat offenses, and certain other categories |
People in tiers 1 and 2 may be able to petition to end registration once the minimum period has passed. Because the tier depends on the exact offense of conviction, the charge you plead to, or are convicted of, can change your registration obligation for decades. This is one of the reasons the details of a plea agreement deserve careful attention.
Investigations, pretext calls, and talking to police
Many sex offense cases begin long before an arrest. A detective may call and ask you to “come in and clear things up.” Officers may seek a search warrant for your phone or computer. Or the person making the accusation may call or message you while police listen and record. This is called a pretext call, and it is legal in California. The goal is to get you to apologize, explain, or say something that sounds like an admission.
If you believe you are under investigation:
- Do not agree to an interview, even if you are told you are “not a suspect” or that it is your chance to tell your side.
- Politely say you will not answer questions without a lawyer, and then stop talking.
- Be careful with calls, texts, and social media messages from the accuser or people close to them. Do not argue, apologize, or explain.
- Do not delete messages, files, or accounts. That can create new legal problems.
- Do not contact witnesses or try to resolve things privately.
A lawyer involved early can sometimes communicate with investigators for you, and in some cases can present information before charges are decided. You can read more on the know your rights page.
Protecting your privacy
A sex offense accusation can affect your family, your job, and your reputation before anything has been proven. Conversations with your lawyer are confidential and protected by the attorney-client privilege. Conversations with friends, coworkers, and family members are not. It is usually wise to keep the details of the case to as few people as possible, to stay off social media about it, and to let your lawyer handle contact with the prosecution, the court, and, where appropriate, the media.
How Eric H. Hintz approaches these cases
Eric H. Hintz has practiced Criminal Defense since 1985 and takes cases in state and federal courts throughout California. In a sex offense case, the work usually starts with the details: reading every police report, listening to recorded interviews and pretext calls, reviewing phone and computer evidence, and looking at what the investigation left out. Where it helps, he works with investigators and consulting professionals, such as forensic computer examiners or medical reviewers. Some cases are resolved through negotiation; others are tried to a jury. You will be told plainly where your case stands.
One example: in Siskiyou County, a client charged with three counts of felony sexual assault and facing presumptive state prison received probation, no state prison, and one day in county jail with credit for time served, through a negotiated plea. Every case is different. Past results do not guarantee a similar outcome. More examples are on the case results page.
Consultations are free for people who are out of custody. If your family member is in custody, Eric is generally willing to meet with family or friends first. Call the office at (916) 465-6500, or call or text 24 hours a day at (916) 802-5979.
Common questions
Should I talk to the detective who called me?
Generally, no. Detectives often describe an interview as a chance to tell your side, but anything you say can be used to build the case against you. You have the right to remain silent and the right to a lawyer. Politely decline to answer questions, ask for a lawyer, and then speak with a Criminal Defense attorney before any further contact with police.
What is a pretext call?
A pretext call is a phone call or message from the person accusing you, made while police listen and record. The caller is often coached to ask why something happened or to seek an apology. Pretext calls are legal in California and are frequently used in sex offense investigations. If you receive an unexpected call like this, it is usually best to end the conversation and speak with a lawyer.
Will I have to register as a sex offender?
It depends on the offense of conviction. Penal Code § 290 requires registration for many sex offenses, and the tier you are placed in sets the minimum period: 10 years, 20 years, or lifetime. Some charges do not require registration at all. Because the exact charge matters so much, registration is often a central issue in plea negotiations.
Can registration ever end?
Under the tiered system that took effect in 2021, people in tier 1 or tier 2 may petition the court to end registration once their minimum period has been completed, provided they meet the requirements. The court can grant or deny the petition, and prosecutors can oppose it. Tier 3 registration is generally for life, though some narrow exceptions exist.
The accusation is false. Why do I need a lawyer?
Innocent people are often the most willing to talk, and that can backfire. A statement made in good faith can be misunderstood, taken out of context, or used to fill gaps in a weak case. A lawyer can protect you during the investigation, gather evidence that supports you, and help you avoid steps that make the situation worse.
Related tools and pages
Last reviewed October 2026.
General information, not legal advice. Every case is different.