Orange County Mother Accused of Sex with a Minor and Lewd Acts

September 19, 2011

Laguna Nigel, Orange County - A 44-year-old hockey mother was arrested on suspicion of having unlawful sex and committing lewd acts with two members of her son's youth hockey team, according to the Orange County Sheriff's Department.

The mother was arrested last week at her home on suspicion of having unlawful sex with a minor under 16 and committing lewd acts with a minor under 14, according to the sheriff's department.

Irvine criminal attorney Michael L. Guisti explains these are two very serious charges and given the age difference between the suspect and alleged victims if convicted the mother could face a harsher sentence.

Sex with a minor is cover under California's statutory rape laws, which makes engaging in sexual intercourse with a person under 18 illegal.

Guisti says in this case since the suspect is over 21 and the victim is under 16 the mother in question could be charged with either a misdemeanor or felony in this case.

In statutory rape cases where a suspect and victim are less than three years about it must be charged as a misdemeanor, according to Guisti

A felony conviction for statutory rape can carry up to four years in a state prison, but the mother would not have to register as a lifetime sex offender, says Guisti.

As for lewd acts with a minor Guisti says that is when a person touches a child anywhere on the body, including outside of the clothing, if it's done with the intent of arousing or gratifying the lust, passions or sexual desires of you or the child.

For somebody to be charged with this crime it's very important to note that you don't have to touch the child in a lewd or sexual manner, only that the touch appeals to your lustful desires, according to Guisti.

Guisti explains depending on the age differences between the victim and suspect lewd acts with a child can be charged also either as a misdemeanor or felony.

If convicted of felony lewd acts with a child the suspect face between one to eight years in prison and, unlike a statutory rape conviction, would have to register as a sex offender for life, says Guisti.

Most times the courts are very quick to side with minors when they're allegedly the victim, especially when it concerns sex crimes, and that is why if you're facing similar charges you must call our Orange County sex crimes attorney specialists at the Law Office of Michael L. Guisti at 888-478-8999. Why? So our legal experts fully ensure the court fairly hears your side of the story without any bias from the prosecution.

We'll work to get you the best possible outcome.