DC Sex Crimes Lawyer

Finally, misdemeanor sex abuse requires a sexual act committed where the defendant knew or should have known that the act was unwanted and not consented to. First, second, third, and fourth-degree sex abuse are felonies and can carry substantial prison time if convicted. In order for the prosecution to convict, however, the allegations must fall within the statute of limitations for sex offenses in DC.

The United States Attorney’s Office for the District of Columbia prosecutes most sex crimes in DC. The division that handles these prosecutions is the domestic violence and sex offense division, which is an extremely aggressive agency within an already aggressive prosecuting agency. Virtually no diversion options are offered for someone charged with a sex crime in the District of Columbia. A conviction for the following crimes requires sex offender registration in the District of Columbia:

• Forcible rape
• Enticing a child
• Lewd, indecent, or obscene acts where the victim is a minor
• Kidnapping, prostitution, and pandering where the victim is a minor
• Any offense involving a sexual act or sexual contact without consent or with a minor
• Assaulting or threatening another with the intent to engage in a sexual act
• Assault with intent to commit rape
• Causing the death of another in the course of, before, or after engaging or attempting to engage in a sexual act or sexual contact or rape
• Conspiracy to commit a crime that carries sex offender registration
• An offense under the law of any state, under federal law, or under the law of any other jurisdiction, which involved conduct that would constitute a registerable offense if convicted in DC

Section (a) is often referred to as a “travelers” case. These cases occur typically when an undercover agent convinces an adult over the internet or phone to come to a location across state lines to engage in a sex act with a minor. Subsection (b) is the typical “to catch a predator” type situation where an adult tries to convince a minor or someone they believe to be a minor to engage in sexual activity. Subsection (b) carries a mandatory minimum of 10 years in jail.

In these cases, it does not matter that there usually is no actual child who could potentially be harmed. Just agreeing with the undercover agent to meet up and engage in a hypothetical future child sexual abuse is enough to get someone serious jail time. The police will normally record phone calls, text messages, and emails to gather proof of the defendant’s intent to engage in child sexual abuse. These cases are often difficult to take to trial because the graphic nature of the communications are difficult to stomach for any potential juror. In addition, the federal sentencing guidelines impose significant penalties for violations of these offenses.

In addition, there are a number of federal laws prohibiting the possession, creation, and distribution of child pornography that carry significant jail time and penalties—in many cases mandatory minimum jail time.