top of page

Probation for Sex Crimes: Ineligibility & Length of Probation for Enumerated CA Sex Crimes

A probation sentence is period of supervision, as opposed to a jail or prison sentence.

 

In some cases, a probation sentence can include a short jail sentence as a condition of probation, but these short jail sentences that are related to a probation sentence may usually, but not always, be served alternatively on work release or house arrest.

 

By law, some California sex crimes are eligible for probation under certain circumstances. Other sex crimes are ineligible for probation.

 

For the sex crimes that are eligible for probation, a penalty enhancement, which is added to that underlying sex offense, may render the otherwise-eligible underlying sex offense, ineligible for a probation sentence.

​

Example: The crime of lewd and lascivious act upon a minor under fourteen (14) years of age (PC 288(a)), is ordinarily eligible for a probation sentence upon conviction, but only if the judge finds special circumstance that justify a probation sentence. However, if the defendant is charged with the penalty enhancement of substantial sexual conduct (PC 1203.066), which is added to his PC 288(a) offense, then the defendant is not eligible for probation upon conviction (assuming the PC 1203.066 penalty enhancement is found “true.”).

​

Example II: The crime of oral copulation against an intoxicated victim (PC 287(i)) is not eligible for a probation sentence upon conviction. This is true even if the judge, or the district attorney, or both, would otherwise not object to a probation sentence.

​

​​Sometimes, a probation sentence after a conviction for a sex crime may be extended, shortened, terminated, modified, or even paused (tolled), for various reasons.

​

For more information on possible changes to a probation sentence after a sex crime conviction, contact our sex crimes criminal defense attorney.

​

The general guidelines to California probation eligibility and length of probation related to specific California sex crimes and penalty enhancements, are as follows:

​

List of Sex Crimes Penalty Enhancements that Preclude Probation Sentences

​

Common penalty enhancements, which are added to an underlying sex offense, and which preclude a probation sentence if found true, include:

​

  • PC 667.61: Penalty enhancement added to sex crimes when the certain evidence exists in the underlying offense (i.e., multiple victims of specified sex offenses, kidnapping victim for specified sex offense, first-degree burglary to commit specified sex offense, prior conviction for specified violent sex offense with current criminal offense for specified sex offense, and more).

​

  • PC 1203(e)(2): Penalty enhancement added to sex crimes where a deadly weapon was used to commit the offense.

​

  • PC 1203(e)(3): Penalty enhancement added to sex crimes where the victim suffered great bodily injury (GBI) during the commission of the offense.

​

  • PC 1203.066(a)(3): Penalty enhancement added to a PC 288 crime where the defendant and the victim are strangers.

​

  • PC 1203.066(a)(5): Penalty enhancement added to a sex offense when the defendant has suffered a prior sex offense conviction.

​

  • PC 1203.066(a)(8): Penalty enhancement added to a sex crime where substantial sexual conduct was used against the victim in a PC 288 case. (Note: “Substantial sexual conduct” means touching of the genitals).

​

  • PC 1203.066(a)(9): Penalty enhancement added when defendant used pornography during a PC 288 offense.

​

  • PC 1203.075(a)(7): Penalty enhancement added to a sexual assault crime where great bodily injury was inflicted upon the victim.

​

  • PC 1203.075(a)(10): Penalty enhancement added to a sodomy crime where great bodily injury was inflicted upon the victim.

​

  • PC 1203.75(a)(11): Penalty enhancement added to an oral copulation offense where great bodily injury was inflicted upon the victim.

​​

Common Felony Sex Crimes Probation Sentences, Eligibility & Length

​

​

  • PC 261(a)(2) Rape by Force or Fear of Adult / 8 Years Max Probation

​

  • PC 261(a)(2) Rape of 14–17-Year-Old by Force / 11 Years Max Probation

​

  • PC 261(a)(3) Rape of Intoxicated Victim (Adult) / 8 Years Max Probation

​

  • PC 261.5(c) & (d) Felony Statutory Rape / 2 Years Max Probation

​

  • PC 266h Pimping / 2 Years Max Probation

​

  • PC 285 Incent / 2 Years Max Probation

​

  • PC 286(c)(1) Sodomy with Child under 14 / 8 Years Max Probation

​

  • PC 287(b)(1) Felony Oral Copulation with Minor (Under 18) / 3 Years Max Probation

​

  • PC 287(b)(2) Oral Copulation with Child under 16 / 3 Years Max Probation

​

  • PC 287(c)(1) Oral Copulation with Child under 14 / 8 Years Max Probation

​

  • PC 287(c)(2)(B) Oral Cop with Child under 14 by Force / 12 Years Max Probation

​

  • PC 287(i) Oral Copulation of Intoxicated Adult / 8 Years Max Probation

​

​

  • PC 288(b) Lewd Act on Child Under 14 by Force / 10 Years Max Probation

​

  • PC 288(c)(1) Felony Lewd Act on Child 14/15 Years of Age / 2 years Max Probation

​

​

  • PC 288.4(b) Arrange & Meet Minor for Lewd Conduct / 4 Years Max Probation

​

  • PC 288.5 Continuous Sexual Abuse of a Child / 16 Years Max Probation

​

  • PC 289(j) Sexual Penetration by Foreign Object of a Child Under 14 / 8 Years Probation

​

​

  • PC 311.11(a) Felony Possession of Child Pornography / 2 Years Max Probation

​

​

  • PC 12022.3(a) Sex Offense with Firearm or Weapon / 10 Years Max Probation

​​

Common Misdemeanor Sex Crimes Probation Sentence, Eligibility & Length

​​

  • PC 261.5 Misdemeanor Statutory Rape / 1 Year Max Probation Sentence

​

  • PC 287(b)(1) Misdemeanor Oral Cop with Minor under 18 / 1 Year Max Probation Sentence

​

​

  • PC 288.4(a)(1) Misdemeanor Arrange to Meet Minor for Lewd Act / 1 Year Max Probation

​

  • PC 311.11(a) Misdemeanor Possession of Child Pornography / 1 Year Max Probation

​

  • PC 311.11(c)(1) Poss. of Obscene Matter Depicting Minor / 1 Year Max Probation

​

  • PC 311.11(c)(2) Misdemeanor Poss. Obscene Matter Depicting Minor / 1 Year Max Probation

​

​

  • PC 647(a) Lewd Conduct in Public / 1 Year Max Probation

​

​

  • PC 647(j)(1) Peeping Tom Crimes / 1 Year Max Probation

​

  • PC 647(j)(4) Revenge Porn / 36 Month Min & Max Probation Sentence

​

  • PC 647.6(a) Misdemeanor Annoy or Molest a Minor / 1 Year Max Probation

​

  • PC 1203.097 Enhancement for Crime Against Family Member / 3 Years Max Probation

​​

If you are charged with a probation ineligible sex crime, or probation ineligible penalty enhancement, contact our sex crimes criminal defense attorney today.

​

Our sex crimes defense attorneys have helped hundreds of clients charged with felony and misdemeanor sex crimes in the Inland, Empire, and we can help you too. Call today!

 

909-913-3138

​

Related Articles

​

bottom of page