Incest Crimes (PC 285) in California
California Penal Code 285: Incest
Legal Definition: Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who being 14 years of age or older, commit fornication or adultery with each other, are punishable by imprisonment in the state prison.
For a person to be convicted of a violation of PC 285, the prosecution must prove the following:
- You had sexual intercourse with another person;
- When you did, you were at least 14 years old;
- The other person was at least 14 years old at the time of sexual intercourse; AND
- You and the other person are related to each other.
What does this mean?
Sexual intercourse means any penetration, no matter how slight, of the vagina or genitalia by the penis. In addition, the person you are having sex with must be related to you in one of the following ways:
- A blood relationship between a child and a parent (father/mother);
- A blood relationship between full siblings (brother/sister);
- A blood relationship between grandparent and grandchild;
- A blood relationship between great-grandparent and great-grandchild;
- A blood relationship between aunt or uncle to niece or nephew;
- A half-blood relationship between siblings (step-sister or step-brother); or
- A half-blood relationship between aunt or uncle to niece or nephew.
Note: This section does not apply to sexual relationships or marriage between cousins, adopted siblings, or stepparent and stepchild.
Penalties
If convicted of a violation of PC 285, you could be sentenced to State Prison for upwards of sixteen months, two years, or three years. You would be required to serve 50% of that sentence. The charge is not a wobbler offense, so you would not be able to obtain a misdemeanor under this code section. You would be required to register as a Sex Offender for 10 years under the Tier I system.
Common Defenses
- Statute of Limitations
- Insufficient Evidence
- Mistake of Fact
- Violation of your Rights
- False Accusations
- Coerced Confessions
The most common defense to these charges is a good faith belief that you were not aware of the relationship status between you and your family member. Although as of the writing of this post, there have been no proven cases in California that can show this having occurred. But it is of course probable, given how far back people’s lineage can be.
Call Today
Understanding the complexities of serious sex crime charges is crucial when seeking to protect your rights. With extensive experience helping hundreds across Southern California, including those accused of offenses under PC 285, our dedicated team at Inland Empire Criminal Defense stands ready to offer the specialized legal support you need. Our Ontario-based attorney, with a personal specialization in all sex crimes, including PC 285, brings a wealth of knowledge and a track record of successful defenses to your case.
Why Choose Us for Your Defense Against Sex Crime Charges?
- Specialized Expertise in Sex Crimes: Our PC 285 Ontario attorney’s focused experience in sex crimes provides a unique advantage in understanding the nuances of these charges and formulating the most effective defense strategies.
- Proven Track Record of Success: We have a history of successfully defending numerous cases involving serious sex crimes, demonstrating our capability to navigate these sensitive and complex legal challenges.
- Commitment to Your Rights and Future: Recognizing the significant impact of sex crime allegations on your life, we are dedicated to vigorously protecting your rights and working tirelessly to secure a favorable outcome.
Start Your Defense with a Trusted Legal Team
Faced with serious sex crime charges, selecting the right legal representation is paramount. Located in Ontario, CA, Inland Empire Criminal Defense is prepared to provide the experienced and specialized legal support necessary to defend your rights and your future.
Contact Inland Empire Criminal Defense for Comprehensive Support
If you or a loved one is dealing with accusations of a serious sex crime, do not hesitate to seek our expert legal assistance. Contact us at 909-939-7126 for a free initial consultation. Our team is available 24/7 to answer your questions and begin building a strong defense on your behalf. Trust in the expertise and dedication of Inland Empire Criminal Defense to guide you through this challenging time.
Frequently Asked Questions
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