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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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18yrs ago, I had contact with my sister, I was

Customer Question

Hello, 18yrs ago, I had sexual contact with my sister, I was 14, she was 4. No penetration involved. She disclosed this to authorities 10yrs ago but they did not press charges. I am currently a rso for an unrelated charge but recently had my record expunged. My question is, had the statute of limitations run out? And what penalties might I be facing?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard.
What state are you seeking the statute of limitations for? Did this happen in CA?
Customer: replied 1 year ago.
Yes, California
Customer: replied 1 year ago.
Ariund 1997
Expert:  Samuel II replied 1 year ago.
HelloThank you. The following is the law as it pertains to sentencing. Below that is the law as it pertains to the SOL and in that regard it would have to be charged within 10 years of the incident. If the victim is under 14, then this crime is punishable by imprisonment in the state prison for 3, 6 or 8 years; if committed with use of force, violence, etc., 5, 8 or 10 years; if committed by a caretaker upon a dependent by use of force, violence, etc, 5, 8 or 10 years; if the victim is 14 or 15 years old and the person is at least 10 years older than the victim, punished by imprisonment in the state prison for 1, 2 or 3 years, or by imprisonment in country jail for not more than 1 year; if committed by a caretaker upon a dependent, punished by imprisonment in the state prison for 1, 2 or 3 years, or by imprisonment in a county jail for not more than 1 year.I suggest that since the behavior was before Jan 1 2015 the following Statute of Limitations applies 801.1. (a) (1) Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section 261, 286, 288, 288.5, 288a, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object, that is alleged to have been committed when the victim was under 18 years of age, may be commenced any time prior to the victim's 40th birthday. (2) Paragraph (1) shall only apply to crimes that were committed on or after January 1, 2015, or for which the statute of limitations that was in effect prior to January 1, 2015, has not run as of January 1, 2015. (b) Notwithstanding any other limitation of time described in this chapter, if subdivision (a) does not apply, prosecution for a felony offense described in subdivision (c) of Section 290 shall be commenced within 10 years after commission of the offense.
Expert:  Samuel II replied 1 year ago.
Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please let me know here. Otherwise, I would appreciate a Positive Rating as that is how I get credit for my time.​Thank you
Customer: replied 1 year ago.
I'm sorry, I don't understand. Wouldn't the sol in effect in 1997, be the one used?
Customer: replied 1 year ago.
Also, does that mean that because no force our penetration was used, it had to have been reported within 10 yrs, and therefore the sol has ruin out?
Expert:  Samuel II replied 1 year ago.
The law was changed in that any such crime after Jan 1 2105, when the new law went into effect, the SOL would extend to any time before victim’s 40th birthday; otherwiseProsecution must bring a case against the perpetrator within 10 years after commission of the offense.I suggest that you are correct. In this case, the statute of limitations is expired.
Customer: replied 1 year ago.
I had read in a previous law that the victim has up until their 26th birthday to press charges does that law not apply in this case?
Expert:  Samuel II replied 1 year ago.
Not if the incident occurred before Jan 1 2015. Here is the statute801.1. (a) (1) Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section 261, 286, 288, 288.5, 288a, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object, that is alleged to have been committed when the victim was under 18 years of age, may be commenced any time prior to the victim's 40th birthday. (2) Paragraph (1) shall only apply to crimes that were committed on or after January 1, 2015, or for which the statute of limitations that was in effect prior to January 1, 2015, has not run as of January 1, 2015. (b) Notwithstanding any other limitation of time described in this chapter, if subdivision (a) does not apply, prosecution for a felony offense described in subdivision (c) of Section 290 shall be commenced within 10 years after commission of the offense.
Customer: replied 1 year ago.
This is what I'm confused about, because previously the law permitted filing charges until the victim's 26th birthday, the sol had still not run out on jan 1, 2015. Wouldn't she then be included in the law that allows pressing charges until her 40th birthday? 2) Paragraph (1) shall only apply to crimes that were committed on or after January 1, 2015, or for which the statute of limitations that was in effect prior to January 1, 2015, has not run as of January 1, 2015. (b)
Expert:  Samuel II replied 1 year ago.
HelloHelloThank you. The crime happened in or about 1997 - 2007 would be 10 years. Therefore, by the time the new law took effect in 2015 (8 years) after the 10 years would have run. And so, I suggest, it would be that SOL that would be applicable. I am not sure where you are coming up with the 10 years not having been expired by 2015 -
Customer: replied 1 year ago.
My understanding is that before this new law came into effect in 1/1/15, the sol for child sex abuse was 10yrs or before the victim's 26th birthday. But she is only 22. Couldn't she still file charges since she has not turned 26? Therefore the sol would not have expired until she turns 26, which did not happen before 1/1/15 & therefore includes her, or am I misinterpreting this : or for which the statute of limitations that was in effect prior to January 1, 2015, has not run as of January 1, 2015.
Expert:  Samuel II replied 1 year ago.
I see. I suggest you are referring to a civil statute of limitations and not the Criminal SOL - which is what is followed to have charges brought But if you want to provide me the link so I can see what you are referring to, I will look at it for interpretation.
Expert:  Samuel II replied 1 year ago.
Civ. Proc. Code 340.1 Effective January 1, 2003. The new law provides that actions for the recovery of damages suffered as a result of childhood sexual abuse may be commenced on or after the victim’s 26th birthday
Customer: replied 1 year ago.
No, you are right, really I'm worried about criminal charges
Expert:  Samuel II replied 1 year ago.
I understand. And therefore, the 10 years has passed.
Customer: replied 1 year ago.
What I was looking at was ca pc 801.1
Expert:  Samuel II replied 1 year ago.
Correct. That is what I provided you, too. And it says nothing in there about age 26 - only the Civil SOL mentions age 26. 801.1 is 10 years if SOL is not expired if incident before Jan 1 2105 - and those 10 years have passed.
Expert:  Samuel II replied 1 year ago.
I fully understand your concern and the checking and re checking, however.
Expert:  Samuel II replied 1 year ago.
In that regard, if you have other questions or need clarification, please let me know here. Otherwise, I would appreciate a Positive Rating as that is how I get credit for my time.​Thank you
Customer: replied 1 year ago.
Thank you, ***** ***** researching for my husband. Do you know if his status as a rso will have any bearing? Or if somehow a loophole was found, he would be charged as an adult, he was 14 at the time, his conviction requiring registration was a felony & misdemeanor 9 years ago and he has had no other problems before our since.
Expert:  Samuel II replied 1 year ago.
Generally, he would not be charged as an adult. However, he cannot be criminally charged at this time. The RSO cannot overshadow the SOL on this.
Expert:  Samuel II replied 1 year ago.
In other words, the SOL is what it is. And there are no exceptions - unless it would be tolled because he was a fugitive on the run and they never caught him until now.
Customer: replied 1 year ago.
Ok, so I looked up what was previously 801.1, before it was ammended, it does say before age 26, where it now states 40. How does that change things?
Expert:  Samuel II replied 1 year ago.
It will not change anything because that amendment made the change - but the incident was still before Jan 1 2015 and as such the 10 years is applicable and not the age of 26.
Expert:  Samuel II replied 1 year ago.
The law states"... if subdivision (a) does not apply..." and as amended it does not. Only the 10 years
Expert:  Samuel II replied 1 year ago.
Additionally, that portion of the law you are referring to pertains to "penetration"
Expert:  Samuel II replied 1 year ago.
I found this LINK for you which is very easy - much easier than the statutes - to understand the SOL in a sexual abusive crime
Customer: replied 1 year ago.
Thank you, ***** ***** it would depend on what he was charged with, for example, if he were charged with lewd and lascivious acts
Customer: replied 1 year ago.
Unfortunately, I have read that is a favorite for prosecutors to use since the language is vague
Expert:  Samuel II replied 1 year ago.
Yes That is correct. But as far as I can tell most of those "lesser" type of offenses carry the 10 year SOL
Customer: replied 1 year ago.
Ugh... That is what I was afraid of. Is there any way of knowing what penalties a juvenile offense of that would carry?
Expert:  Samuel II replied 1 year ago.
It is possible for the District Attorney to charge as an adult. There are certain situations that the DA would consider. I suggest that you may want to consider contacting the DA, tell them you are writing a paper, and you want to understand when a person who commits a sex offense as a juvenile can be charged as an adult. And the possible penalties for both scenarios. In many situations of this nature, a juvenile is detained. Often ordered to sexual offender treatment. The detention for a 14 year old could be up to age 21. It would all depend on the progression. Additionally, there would need to be evidence to gain a conviction. At the time, that might have been obtainable. At this point, I suggest, evidence is going to be very difficult. I suggest you consider a one on one conversation with the DA as I mentioned earlier

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