What Does “Habitual Sexual Offender” Mean?
California law is generally harsh towards sexual crimes, but its habitual sexual offender law is especially severe. If you have been convicted of specific sex crimes in the past, it’s crucial that you understand this law. Because habitual sexual offenders can face 25 years to life in California’s state prison system, knowing the law and how to defend yourself from such devastating consequences is vital to your continued freedom.
Who Can Be Charged as a Habitual Sexual Offender?
Prior convictions form the basis for the allegation of being a habitual sexual offender. To be charged under California’s habitual sexual offender law, you must have an earlier conviction for one of the following sex crimes:
- Rape
- Lewd or lascivious acts
- Criminal sexual penetration
- Criminal sodomy
- Criminal oral copulation
- Spousal rape
- Aggravated sexual assault of a child
- Continuous sexual abuse of a child
- Rape, spousal rape, or sexual penetration, in concert
Three California kidnapping offenses can also serve as the foundation of a habitual sexual offender charge:
- Kidnapping with intent to commit sexual offenses
- Kidnapping to commit a specified sex crime
- Simple kidnapping in some instances
Additionally, any conviction from another state or country comparable to the above charges can lead to a habitual sexual offender charge.
Penalties for Habitual Sexual Offenders
A conviction for being a habitual sexual offender can result in severe consequences that will impact the rest of your life. You face 25 years to life in prison, and generally, a judge does not have leeway to order probation instead of jail time. Additionally, punishments for the underlying sex crime can be added to your sentence. For example, rape charges themselves require three, six, or eight years in prison. Finally, you will be required to register as a sex offender for the rest of your life once you leave prison.
Defending Yourself From Subsequent Charges
Earlier convictions for sexual crimes only result in habitual sexual offender charges if you are subsequently arrested for the same or similar crimes. For example, imagine you have a previous conviction for criminal sodomy and are arrested for assault with a deadly weapon. In this case, the prosecutor cannot charge you as a habitual sexual offender. But, if you are investigated for a possible rape charge, your prior conviction can affect your status.
Therefore, one of the first defenses to a habitual sexual offender charge is that you do not have an eligible prior conviction. For Californians, this determination is typically straightforward. However, if your conviction is from another state, your defense team may be able to challenge the use of that conviction as the basis of a habitual sexual offender charge.
Your defense attorney may also be able to help you avoid conviction if the police officers involved in investigating your case violated your constitutional rights. For example, if the police are trying to claim that you confessed to the underlying sex crime charge, your lawyer can attack the confession as illegally-obtained. Coercion through overbearing measures while attempting to get you to confess is considered unconstitutional, and if your confession was coerced, it cannot be used against you in court.
These types of defenses require specialized legal knowledge and experience, so it’s crucial that you find a seasoned attorney who knows how to make these arguments. If you’re facing a habitual sexual offender charge in Los Angeles, California, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free case evaluation with a skilled criminal lawyer.
