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.

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Example: The crime of lewd and lascivious act upon a minor under fourteen (14) years of age, which is charged as penal code 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.”).

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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.

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List of Sex Crimes Penalty Enhancements

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

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• 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).

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

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

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

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

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• 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).

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

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

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

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

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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

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