SAN BERNARDINO CRIMINAL DEFENSE · SINCE 1974
Sex Crimes Defense in San Bernardino
A sex offense accusation carries serious legal consequences and a heavy personal toll. You deserve a discreet, careful assessment of the allegations and what the law actually requires the prosecution to prove.
A serious accusation calls for a careful, private defense.
Sex offense allegations can arise from a disputed encounter, a family conflict, an online exchange, or an investigation that began long before an arrest. Some people learn they are under investigation when a detective calls and asks to “hear their side.” Before you speak with law enforcement, contact a lawyer. Statements made in an effort to explain or clear things up are often the most important evidence in the case.
James M. Glick has practiced criminal defense since 1974, and about 99% of his cases are in San Bernardino County. He approaches these cases with discretion, respect for everyone involved, and attention to the specific evidence: what was said, when it was reported, what forensic or digital records exist, and whether the investigation followed the law.
Sex offense charges under California law.
- Rape, Penal Code § 261. Sexual intercourse accomplished under specified circumstances, such as force, violence, duress, menace, or fear; when a person is prevented from resisting by an intoxicating substance and the accused knew or reasonably should have known; or when a person is unconscious of the nature of the act. Under § 264, it is punishable by three, six, or eight years in state prison, with higher ranges when the alleged victim is a minor.
- Lewd acts with a child, Penal Code § 288. Subdivision (a) concerns a lewd act with a child under 14 with specific sexual intent and carries three, six, or eight years in state prison. Force or duress under subdivision (b)(1) carries 5, 8, or 10 years. Subdivision (c)(1) concerns a 14- or 15-year-old when the accused is at least 10 years older and can be charged as a felony or misdemeanor.
- Indecent exposure, Penal Code § 314. Willful and lewd exposure in public or where others are present to be offended. A first offense is generally a misdemeanor; it can be a felony after a prior conviction or when it follows an unauthorized entry into an inhabited dwelling.
- Invasion of privacy, Penal Code § 647(j). Viewing or secretly recording a person in a place where they have a reasonable expectation of privacy, such as a bathroom or changing room, or recording under clothing. A first offense is generally a misdemeanor, with increased penalties for repeat violations or minor victims.
Rape and lewd acts on a child under 14 are listed as serious felonies under § 1192.7(c), and rape under § 261(a)(2) or (6) and lewd acts under § 288(a) or (b) are violent felonies under § 667.5(c). Those classifications can bring Three Strikes consequences.
Sex offender registration and California’s tiered registry.
For many people, the most lasting consequence of a sex offense conviction is registration under Penal Code § 290. Registration is required for convictions of many listed offenses, including § 261, § 288, and subdivision 1 of § 314. For an offense not on the list, such as § 647(j), a court can still order registration under § 290.006 if it finds the offense was committed out of sexual compulsion or for sexual gratification, and it must state its reasons.
Senate Bill 384 replaced California’s lifetime-only registry with three tiers; eligible registrants could begin petitioning in July 2021:
- Tier one, a minimum of 10 years, generally applies to misdemeanor registrable offenses and felonies that are not serious or violent.
- Tier two, a minimum of 20 years, generally applies to registrable offenses that are serious or violent felonies and certain other listed offenses.
- Tier three, lifetime registration, applies to specified offenses, including § 288(b) and (c), certain repeat convictions, and other listed circumstances.
Under § 290.5, tier one and tier two registrants may petition the superior court in their county of registration to end registration after the minimum period. The District Attorney may request a hearing and present evidence on community safety. Because the tier depends on the exact conviction, the charge you plead to can determine how long registration lasts.
| Code section | Why it matters |
|---|---|
| Penal Code § 261 | Defines rape by the circumstances of the act, including force or duress, intoxication, and unconsciousness. Punishment is set by § 264. |
| Penal Code § 288 | Lewd or lascivious acts with a child under 14, with force or duress, or with a 14- or 15-year-old by a person at least 10 years older. |
| Penal Code § 314 | Indecent exposure. Generally a misdemeanor; a felony after certain prior convictions. Subdivision 1 requires registration. |
| Penal Code § 647(j) | Invasion of privacy by viewing or secret recording. Generally a misdemeanor; not on the mandatory registration list. |
| Penal Code § 290 | Lists offenses requiring registration and sets the three tiers: 10 years, 20 years, or life. |
| Penal Code § 290.5 | Allows tier one and tier two registrants to petition for termination after the minimum registration period. |
Examining the evidence and planning the next step.
Depending on the case, the review may include the timing and circumstances of the report, prior statements, interview recordings, medical and forensic findings, phone and social media records, and the legality of any search or interrogation. Consent, identity, credibility, and the specific intent element are frequently contested issues.
Felony cases proceed through arraignment and a preliminary hearing at the San Bernardino Justice Center before any trial. Exposure, registration, and immigration consequences should inform every decision.
Common sex crimes defense questions
Should I talk to the detective who called me?
Speak with a lawyer first. You have the right to remain silent and the right to counsel. Investigators sometimes call before an arrest to obtain a statement or arrange a recorded call. An attorney can advise whether, when, and how to respond, and can communicate with law enforcement on your behalf.
Is every sex offense conviction a lifetime registration?
No. Since SB 384, California uses three tiers. Tier one requires a minimum of 10 years, tier two a minimum of 20 years, and tier three is lifetime. The tier depends on the specific conviction and history. Tier one and two registrants may petition to end registration after the minimum period.
Does indecent exposure require registration in California?
A conviction under subdivision 1 of Penal Code § 314 is on the mandatory registration list in § 290, even when it is a misdemeanor. That makes the specific charge and any plea especially important. Other offenses, such as invasion of privacy under § 647(j), are not on the list but can lead to court-ordered registration.
Can sex crime charges be dropped?
Charges may be dismissed or reduced when the evidence or the law supports it, for example when statements were improperly obtained or the evidence does not support an element. No one can promise that result in advance. Ask what specific weaknesses, motions, or legal issues apply in your case.
Is rape a felony in California?
Yes. Rape under Penal Code § 261 is punishable by three, six, or eight years in state prison under § 264, with higher terms when the alleged victim is a minor. It is also classified as a serious felony, and certain forms are classified as violent felonies, which affects sentencing and future consequences.
Get a confidential assessment before you decide anything.
If you are under investigation or have been charged with a sex offense in San Bernardino County, call James M. Glick’s office at (909) 889-1446 to request a consultation. Keep your initial message brief and discuss details directly with counsel.
Call the OfficeGeneral California legal information, reviewed 2026-10-18. The charge, facts, prior record, and law applicable to the case control the available defenses and remedies. Past results do not guarantee a similar outcome. Contacting the office does not establish an attorney-client relationship.