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A heated argument on Instagram. A series of DMs to an ex. A comment thread that escalated. A burner account that “joked” about something serious. In 2026, the line between an angry post and a criminal charge is thinner than most people realize. California prosecutes cyberstalking and online harassment aggressively, and the consequences can include county jail, state prison, sex offender registration, and a permanent record that affects every part of your life.
If you’ve been arrested, contacted by police, or served with a restraining order over something you posted or sent online, the decisions you make in the next few days matter enormously. Don’t talk to police, don’t contact the alleged victim, and don’t delete anything (that can be a separate crime). Instead, talk to a Los Angeles criminal defense attorney immediately.
This guide explains what California cyberstalking law actually prohibits, the penalties you could face, related charges that often get stacked on top, and the strongest defenses available.
The Core Statute: California Penal Code § 646.9
California’s cyberstalking law isn’t a separate offense from stalking. It’s the same crime, Penal Code § 646.9, applied to electronic communications. The statute defines stalking as:
“Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for their safety, or the safety of their immediate family.”
To convict you under PC § 646.9, the prosecution must prove all of the following beyond a reasonable doubt:
You willfully and maliciously harassed or repeatedly followed the alleged victim. “Willfully” means on purpose. “Maliciously” means with the intent to disturb, annoy, or injure.
You made a credible threat. A credible threat is a verbal, written, or electronically communicated threat (or a pattern of conduct) that would cause a reasonable person to fear for their safety. The threat does not have to specifically state an intent to do harm if the surrounding conduct conveys that meaning.
You intended to place the alleged victim in reasonable fear for their own safety or the safety of their immediate family.
The communication was made through an electronic device (the internet, cell phone, social media, email, text, fax, video, or any electronic medium) when the case is charged as cyberstalking specifically.
The statute also defines two key terms:
“Harasses” means a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose.
“Course of conduct” means two or more acts over any period of time, however short, showing continuity of purpose.
If any one of these elements is missing or weak, the prosecution cannot legally obtain a conviction.
Penalties for Cyberstalking in California
PC § 646.9 is a “wobbler,” meaning it can be charged as either a misdemeanor or a felony depending on the circumstances and the defendant’s record.
Misdemeanor cyberstalking (PC § 646.9(a))
Up to 1 year in county jail
Up to $1,000 fine
Summary (informal) probation
Mandatory counseling
Possible protective order
Felony cyberstalking when a restraining order is in effect (PC § 646.9(b))
2, 3, or 4 years in state prison
Up to $10,000 fine
Felony cyberstalking with prior felony convictions (PC § 646.9(c)) This applies if you have a prior felony conviction for criminal threats (PC § 422), violation of a protective order (PC § 273.6), or domestic violence (PC § 273.5).
2, 3, or 5 years in state prison
Repeat stalking offense If you’ve been previously convicted of felony stalking and commit it again, the penalty is 2, 3, or 5 years in state prison regardless of whether the new victim is the same person.
Sex offender registration Under PC § 290.006, the sentencing judge has discretion to require sex offender registration for anyone convicted of felony stalking. This is a life-altering consequence that follows you forever.
Related Online Crimes That Often Get Stacked On
In many cases, prosecutors don’t just file PC § 646.9. They stack on additional charges that cover overlapping conduct.
Criminal threats (Penal Code § 422). Communicating a threat of death or great bodily injury to another person, where the threat causes sustained fear, is a separate crime. It’s a wobbler punishable by up to 1 year in jail (misdemeanor) or up to 3 years in state prison (felony), plus a strike under California’s Three Strikes Law if charged as a felony.
Cyber harassment / e-personation (Penal Code § 653.2). Posting harmful information about someone online (including doxxing, creating fake accounts, or impersonating someone to incite harassment) is a separate misdemeanor punishable by up to 1 year in county jail and a $1,000 fine.
Annoying or harassing electronic communications (Penal Code § 653m). Making repeated or obscene electronic communications with the intent to annoy is a misdemeanor punishable by up to 6 months in county jail.
Revenge porn (Penal Code § 647(j)(4)). Distributing intimate images of another person without consent, with the intent to cause emotional distress, is a misdemeanor punishable by up to 6 months in county jail and a $1,000 fine. Penalties increase for repeat offenders and when the victim is a minor.
Federal cyberstalking (18 U.S.C. § 2261A). When the conduct crosses state lines (which most internet conduct does), federal prosecutors can pick up the case. Federal cyberstalking is a felony punishable by up to 5 years in federal prison, or longer if the conduct results in serious injury or death.
Common Examples of Conduct That Can Lead to Charges
People are often surprised at what counts. Examples that California prosecutors have charged as cyberstalking, online harassment, or related offenses:
Repeated DMs, texts, or emails to someone who has asked you to stop
Creating burner social media accounts to contact someone who blocked you
Posting someone’s home address, phone number, or workplace online (“doxxing”)
Spreading intimate images without consent
Impersonating someone online by creating fake profiles
Posting messages that suggest harm will come to the alleged victim
Tagging someone in posts containing threats or harassment
Posting threats against family members of the alleged victim
Hacking into someone’s accounts to monitor or harass them
Signing someone up for unwanted services using their personal information
The conduct does not have to be physically threatening. The legal question is whether a reasonable person would fear for their safety based on the totality of the conduct.
The First Amendment Defense
This is one of the most important and underused defenses in online speech cases. The First Amendment protects a great deal of speech that the alleged victim may find offensive, hostile, or even alarming.
PC § 646.9 itself excludes “constitutionally protected activity” from the definition of “course of conduct.” This means:
Political speech is protected. Heated criticism of a public figure, even if it includes harsh personal attacks, is generally not stalking.
Religious or ideological expression is protected, even when it offends or upsets the listener.
Journalism and public commentary on matters of public concern is protected.
Mere insults, even repeated ones, are not enough by themselves. The conduct must include a credible threat.
The leading case is People v. Falck (1997), which made clear that “annoying” speech is not the same as a “credible threat.” Many cyberstalking prosecutions overreach by treating offensive speech as if it were criminal threats. A skilled defense lawyer can argue that the conduct was constitutionally protected and should never have been charged.
Other Common Defenses
Beyond the First Amendment, several defenses commonly succeed in California cyberstalking cases:
No credible threat. The prosecution must prove a credible threat, not just unwelcome contact or rude messages. A vague comment, an offhand joke, or an emotional outburst often doesn’t meet the legal standard.
No course of conduct. The statute requires two or more acts evidencing continuity of purpose. A single message, even an angry one, generally cannot support a stalking charge.
No intent to cause fear. Specific intent is required. If you were venting, joking with friends, or trying to communicate with someone (even badly), and there’s no evidence you actually intended to cause fear, that’s a defense.
Mistaken identity. Anonymous accounts, shared devices, hacked accounts, and IP spoofing all create real questions about who actually sent the messages. If the prosecution can’t tie the conduct to you specifically, the case falls apart.
False allegations. Cyberstalking charges sometimes arise from contentious divorces, custody battles, business disputes, or breakups. The alleged victim may have a motive to exaggerate or fabricate.
Unlawful search of your phone or accounts. If police obtained the evidence by searching your phone, social media, or cloud accounts without a warrant or valid exception, the evidence may be subject to suppression. See our guide on when police can search your phone for more on this.
What to Do If You’re Being Investigated or Charged
If you suspect or know that you’re being investigated for cyberstalking or online harassment:
Stop all contact immediately. Don’t message the alleged victim, don’t post about them, don’t mention them in any way online. Even an attempt to apologize can be charged as additional acts of stalking.
Don’t delete anything. Deleting messages, posts, emails, or accounts can lead to obstruction of justice or destruction of evidence charges. Preserve everything.
Don’t talk to police. Politely decline to be interviewed. Anything you say will be used against you. Invoke your rights: “I want a lawyer. I am not answering any questions.”
Don’t post about the case. Anything you post online, even on private accounts, can be subpoenaed and used at trial.
Document context. Save your version of the conversation in full. Screenshots that include only your messages without context are how many people get wrongly convicted. Preserve the full chain.
Call a defense attorney immediately. Early intervention can sometimes prevent charges from being filed in the first place.
For a complete walkthrough of what to do after any criminal arrest, see our guide on your rights when arrested.
Frequently Asked Questions
Is cyberstalking a felony in California?
It can be either. Under Penal Code § 646.9, cyberstalking is a wobbler offense, meaning prosecutors can charge it as a misdemeanor (up to 1 year in county jail) or a felony (up to 5 years in state prison). The classification depends on whether a restraining order was in effect, your prior criminal record, and the severity of the alleged conduct.
Can I be charged with cyberstalking for sending angry messages?
It depends on the content, frequency, and intent. Simply being angry or rude is not a crime. To convict you of cyberstalking, the prosecution must prove that you made a credible threat, intended to cause fear, and engaged in a course of conduct (two or more acts). Heated speech alone, without a credible threat, generally doesn’t meet the standard.
What is the difference between cyberstalking and online harassment?
In California, “cyberstalking” specifically refers to stalking under PC § 646.9 carried out through electronic means. “Online harassment” is a broader term that covers several different statutes, including PC § 653.2 (cyber harassment), PC § 653m (annoying electronic communications), PC § 422 (criminal threats), and PC § 647(j)(4) (revenge porn). Conduct that doesn’t meet the threshold for PC § 646.9 stalking can still be charged under one of these related laws.
Can social media posts be used as evidence?
Yes. Direct messages, public posts, comments, likes, screenshots, account metadata, and platform records can all be subpoenaed and introduced in court. Even “deleted” content is often recoverable through the platform.
What if the alleged victim provoked the conduct?
Provocation is not a complete defense, but it can be relevant context. Mutual conflict, shared chat history, or evidence that the alleged victim initiated or escalated the exchange can weaken the prosecution’s claim that you intended to cause fear.
Can I be charged if I used an anonymous account?
Yes, if law enforcement can connect the account to you. Police use subpoenas to obtain IP records, device identifiers, and account registration information from platforms. Even VPNs and burner accounts often leave evidentiary trails.
Talk to a Los Angeles Criminal Defense Attorney Today
Online harassment and cyberstalking cases are some of the fastest-growing areas of California criminal law, and prosecutors are charging them more aggressively than ever. The conduct that supports these charges is often ambiguous: messages can be misread, jokes can be taken seriously, and emotional disputes can spiral into felony filings. According to the FBI’s Internet Crime Complaint Center (IC3), reported online harassment and threats continue to climb year over year, and California is one of the most active jurisdictions for these prosecutions.
If you’re facing accusations, the right defense strategy can mean the difference between a felony record with sex offender registration and a complete dismissal. The criminal defense attorneys at Manshoory Law Group know how to dissect digital evidence, challenge the prosecution’s interpretation of online conduct, and assert First Amendment defenses where they apply.
Consultations are free, and we’re available 24/7. Flexible payment plans are available.
California legalized adult recreational marijuana use under Proposition 64 in November 2016. What that legalization also created, and what many people still do not know is available to them, is a pathway to clear convictions for conduct that is no longer a crime. Hundreds of thousands of Californians carry marijuana convictions on their records for offenses that would not result in an arrest today. Those convictions affect employment, housing, professional licensing, and immigration status long after the sentence was served. Prop 64 expungement gives eligible individuals a legal mechanism to reduce, dismiss, or seal those records.
The process has evolved significantly since 2016. Automation tools developed by nonprofit organizations, changes to how district attorneys handle retroactive review, and subsequent legislation have made the relief more accessible. This article explains what Prop 64 offers, who qualifies, what outcomes are available, and what the current process looks like.
What Proposition 64 Changed for Past Convictions
Proposition 64, the Adult Use of Marijuana Act, did more than legalize recreational cannabis for adults 21 and older. It also created a statutory framework for retroactively reclassifying and dismissing prior convictions for conduct that is now legal or that carries a lower penalty under current law.
The legal basis for this relief is found in Health and Safety Code 11361.8, which was added by Prop 64. It requires courts to reduce, dismiss, seal, or redesignate eligible marijuana convictions upon petition. Assembly Bill 1793, enacted in 2018, went further by requiring district attorneys to identify eligible convictions in their counties by July 1, 2020, and either petition for their dismissal or file a notice with the court explaining why they oppose relief in a specific case.
The combination of AB 1793 and Code for America’s Clear My Record program, which can scan up to 10,000 records per minute, significantly reduced the burden of finding and processing eligible cases. Many counties have now cleared large volumes of eligible convictions without requiring individual petitions. However, not every eligible conviction has been addressed, and individuals whose records have not yet been cleared may still need to petition directly.
Which Convictions Qualify for Prop 64 Relief?
Eligibility depends on the specific Health and Safety Code section under which the conviction was entered, what the conduct involved, and whether any disqualifying factors apply.
Offenses Eligible for Dismissal and Sealing
Convictions under the following Health and Safety Code sections are eligible to be dismissed with arrest and court records sealed, because the underlying conduct is no longer criminal under current law:
Health and Safety Code 11362.1(a)(1): possession of 28.5 grams or less of marijuana for personal use
Health and Safety Code 11362.1(a)(2): possession of 8 grams or less of concentrated cannabis
Health and Safety Code 11362.1(a)(3): possession of marijuana accessories
Health and Safety Code 11362.1(a)(4): gifting of up to 28.5 grams of marijuana or up to 8 grams of concentrated cannabis between adults
Health and Safety Code 11362.1(a)(5): cultivation of six or fewer living plants for personal use
Health and Safety Code 11361.1(a)(1): certain offenses involving minors where the conduct is now lawful
Felony Convictions Eligible for Reduction to Misdemeanor
Convictions under Health and Safety Code 11357(b)(2), 11358(c), 11359(b), and 11360(a)(2) are eligible for reduction from a felony to a misdemeanor. These cover possession of larger amounts of marijuana, cultivation of more than six plants, and possession with intent to sell. A conviction reduced to a misdemeanor under Prop 64 reflects the lower classification going forward on background checks and in subsequent criminal proceedings.
Misdemeanor Convictions Eligible for Reduction to Infraction
Certain misdemeanor marijuana convictions are eligible for reduction to an infraction, which carries no jail exposure and significantly less stigma on a background check. The specific sections eligible for infraction reduction are outlined in Health and Safety Code 11361.8.
How each conviction type is affected under Prop 64:
Original Conviction Type
Outcome Under Prop 64
Result
Conduct no longer illegal
Dismissal and sealing
Arrest and court records sealed
Felony now reclassified as misdemeanor
Reduction to misdemeanor
Conviction reflects misdemeanor going forward
Misdemeanor now reclassified as infraction
Reduction to infraction
Conviction reflects infraction going forward
Prior serious or violent felony (see exceptions)
No relief available
Conviction remains unchanged
Who Does Not Qualify for Prop 64 Relief
Several categories of convictions are excluded from Prop 64 relief regardless of the underlying marijuana offense. A person is not eligible if:
The conviction involved a prior or concurrent serious or violent felony, including rape, murder, child molestation, or any offense that qualifies as a strike under California’s three strikes law
The offense involved the sale or furnishing of marijuana to a minor
The offense involved a violation of specified environmental laws during the cultivation or processing of marijuana
The person is a registered sex offender
These exceptions reflect the legislature’s intent to limit relief to conduct that is now considered relatively minor, while preserving consequences for those whose marijuana convictions accompanied more serious criminal behavior.
What Relief Is Actually Available and What It Does
The practical effect of Prop 64 relief depends on which outcome applies. Dismissal and sealing removes the conviction from most background checks accessible to private employers and landlords, restores certain civil rights, and allows the person to truthfully deny the conviction on most applications. It does not erase the record from law enforcement databases. Reduction from felony to misdemeanor changes how the conviction appears on background checks and eliminates the collateral consequences specific to felony status, including firearm restrictions, certain professional licensing bars, and immigration consequences tied specifically to felony convictions. These are the same principles that apply to California expungement generally under Penal Code 1203.4.
Additional relief available in some cases includes sentence reduction for individuals currently incarcerated under a conviction that would carry a lighter sentence today, and early termination of probation for those currently serving a probationary term on an eligible conviction.
For anyone whose only convictions are marijuana offenses that have been dismissed and sealed, benefits that may become available include eligibility for federal student loans, the ability to travel to Canada and obtain visas for certain other countries, and in some cases restoration of firearm rights.
How the Process Works Today
For many people, Prop 64 relief has already been applied automatically through the AB 1793 process. County district attorneys were required to review eligible convictions and either petition the court for relief or file objections by July 1, 2020. Many counties have processed large volumes of cases without requiring individual petitions.
However, automatic processing is not universal. Some counties have processed fewer cases, some convictions fall outside the automatic review parameters, and some objections were filed that were never resolved. If your record still reflects an eligible marijuana conviction, you can petition the court directly under Health and Safety Code 11361.8.
The petition requires identifying the conviction, the court where it was entered, and the specific Health and Safety Code section under which relief is sought. If the conviction occurred in multiple counties, a separate petition is required in each county. The district attorney has the opportunity to object, and if they do, a hearing is scheduled before the court.
If you are still on probation for a marijuana conviction, early termination may be available before pursuing dismissal. Probation modification and early termination is a separate petition process that, if granted, then opens the path to Prop 64 relief without waiting out the full probation term.
Frequently Asked Questions
Has Prop 64 already cleared my marijuana conviction automatically?
It depends on the county and the conviction. Many counties processed eligible convictions through the AB 1793 review by 2020. But not every eligible conviction was captured, and some individuals whose cases fell through the cracks or were objected to have not yet received relief. The only way to know for certain is to pull your current criminal record through the California Department of Justice personal record review process and check whether the conviction reflects the reclassified status.
Can a felony marijuana conviction be reduced to a misdemeanor under Prop 64?
Yes, for the specific offenses listed in Health and Safety Code 11358(c), 11359(b), and 11360(a)(2), which cover larger-quantity possession, multi-plant cultivation, and possession with intent to sell, a petition to reduce the felony to a misdemeanor is available unless the disqualifying exceptions apply. The reduction changes how the conviction appears on background checks and eliminates felony-specific collateral consequences.
Does Prop 64 relief restore firearm rights?
It depends on the nature of the relief and the original conviction. A dismissed and sealed misdemeanor marijuana conviction generally does not bar firearm possession. A reduced felony that now appears as a misdemeanor may restore firearm rights that were restricted because of the felony status, but this requires a careful analysis of the specific conviction and any other criminal history. An attorney should evaluate firearm rights restoration individually rather than assuming it follows automatically from the relief.
Does Prop 64 relief affect immigration status?
It can. A dismissed and sealed conviction or a felony reduced to a misdemeanor may improve immigration outcomes, particularly for individuals facing removal proceedings based on the marijuana conviction. However, immigration consequences of criminal convictions are governed by federal law, and federal law still classifies marijuana as a Schedule I controlled substance. The interplay between Prop 64 relief and federal immigration consequences is fact-specific and should be evaluated by an attorney familiar with both criminal and immigration law.
What is the difference between Prop 64 expungement and regular expungement?
Regular expungement under Penal Code 1203.4 applies after probation is completed and requires the conviction to be a qualifying misdemeanor or felony where no state prison sentence was imposed. Prop 64 relief under Health and Safety Code 11361.8 applies specifically to marijuana convictions covered by the statute and operates on a different eligibility framework, including the ability to dismiss and seal convictions outright rather than simply withdrawing a plea. For convictions that qualify under both frameworks, Prop 64 often provides stronger relief. For convictions that fall outside Prop 64, standard California expungement under Penal Code 1203.4 remains the available pathway.
Find Out Whether Your Marijuana Conviction Qualifies
A marijuana conviction from years ago does not have to define what you can do today. California law provides multiple pathways to reduce, dismiss, or seal those records, and the process is more accessible than it was when Prop 64 first passed. Whether your conviction has already been addressed automatically or still appears unchanged on your record, an expungement attorney can pull your record, identify what relief is available, and handle the petition process. Contact Manshoory Law Group for a free case analysis.
Aggravated sexual assault of a child under California Penal Code § 269 is one of the most serious charges in California’s criminal code. A conviction carries a mandatory prison sentence of 15 years to life, lifetime sex offender registration as a Tier 3 offender, and consequences that follow you for the rest of your life. Because of how severe the penalties are, and because allegations like these can arise from misunderstanding, mistaken identification, or false claims in contentious family situations, having an experienced defense attorney from the first contact with police is critical.
If you or a family member has been accused under PC 269, do not talk to investigators, do not contact the alleged victim or their family, and do not try to explain. Call the Los Angeles sex crime defense attorneys at Manshoory Law Group immediately. Cases at this level move quickly, and early intervention can shape the entire defense.
What Penal Code 269 Actually Prohibits
Despite being called “aggravated sexual assault of a child,” PC 269 is technically an enhancement statute. It elevates the penalty for certain specified sex offenses when they are committed against a child under the age of 14 by someone who is at least seven years older than the child.
For PC 269 to apply, the prosecution must prove that the defendant committed one of the following five underlying offenses against the alleged victim:
Rape by force, violence, duress, menace, or fear of immediate and unlawful bodily injury (Penal Code § 261(a)(2) or (a)(6))
Rape in concert with another person (Penal Code § 264.1)
Sodomy by force, violence, duress, menace, or fear (Penal Code § 286(c)(2) or (3), or (d))
Oral copulation by force, violence, duress, menace, or fear (Penal Code § 287(c)(2) or (3), or (d))
Sexual penetration with a foreign object by force, violence, duress, menace, or fear (Penal Code § 289(a))
Three conditions must all be true:
The alleged victim was under 14 years old at the time
The defendant was at least seven years older than the alleged victim
The conduct involved force, violence, duress, menace, or fear (this is what distinguishes PC 269 from other child-related sex offenses)
If any one of these elements is missing, PC 269 does not apply. The conduct may still be prosecutable under another statute (such as PC § 288 for lewd acts with a minor), but the 15-to-life sentencing trigger requires all three.
This is an important point that’s often misunderstood. Not every alleged sex offense involving a child is a PC 269 case. The “aggravated” label specifically refers to force, violence, duress, or fear being part of the alleged conduct.
Penalties Under PC 269
PC 269 carries one of the harshest sentencing structures in California criminal law.
Mandatory prison sentence. A conviction is punishable by 15 years to life in state prison. The defendant must serve at least 15 years before becoming eligible for parole consideration, and parole is far from automatic at that point.
Consecutive sentencing for multiple counts. PC 269 expressly allows judges to impose consecutive 15-to-life terms when:
The same defendant committed PC 269 offenses against more than one victim, or
The defendant committed PC 269 offenses against the same victim on more than one occasion
So a defendant charged with three counts arising from three separate alleged incidents can face 45 years to life before any parole eligibility.
Re-register every year within five working days of their birthday
Re-register within five working days of any move
Appear on the public Megan’s Law website indefinitely
Comply with extensive residency and employment restrictions
No statute of limitations. Under Senate Bill 813 (effective January 1, 2017), California removed the statute of limitations for most serious felony sex offenses, including PC 269. This means prosecutors can file charges decades after the alleged conduct. For older cases, the law in effect at the time of the alleged conduct generally controls. See our guide explaining that California has no statute of limitations for serious sex offenses for more on how this rule works.
Other consequences. A conviction can also result in deportation for non-citizens, lifetime loss of firearm rights, loss of professional licenses, ineligibility for many forms of employment, residency restrictions, mandatory GPS monitoring in some cases, and lifetime prohibition on certain occupations involving children.
Related Charges Often Filed Alongside PC 269
PC 269 rarely appears alone in a charging document. Prosecutors typically file multiple counts under different statutes covering related conduct.
Lewd acts with a child (PC § 288). Touching a child under 14 for sexual purposes, or causing the child to touch themselves or another person sexually. Punishable by 3, 6, or 8 years in state prison, or 5, 8, or 10 years if force or duress was involved.
Continuous sexual abuse of a child (PC § 288.5). Three or more acts of substantial sexual contact with a child under 14 over a period of three months or more by someone with recurring access to the child. Punishable by 6, 12, or 16 years in state prison.
Statutory rape (PC § 261.5). Sexual intercourse with a minor under 18, regardless of consent. Penalties vary based on the age difference between the parties.
Annoying or molesting a child (PC § 647.6). A misdemeanor in most cases, but a wobbler when there are prior convictions.
A single allegation can produce charges under multiple statutes, dramatically increasing the potential prison exposure.
Defenses Against PC 269 Charges
Despite the severity of the charge, several defenses are available depending on the facts.
Mistaken identity. Children may misidentify their alleged abuser, especially when there are multiple adults in the household, when significant time has passed, or when leading questioning has shaped the child’s account. DNA evidence, alibi evidence, and forensic interview analysis can all support this defense.
False allegations. False allegations of child sexual assault are rare but real. They sometimes arise in contentious custody disputes, divorces, or family conflicts. Patterns of disclosure, inconsistencies in the account, and motives to fabricate can all be examined.
Lack of force, duress, or fear. Because PC 269 specifically requires that the alleged underlying offense was committed by force, violence, duress, menace, or fear, the prosecution must prove that element beyond a reasonable doubt. If the alleged conduct does not meet that threshold, PC 269 doesn’t apply, even if other charges might.
Age difference defense. PC 269 requires the defendant to be at least seven years older than the alleged victim. If the age gap is less than seven years, PC 269 cannot apply. The conduct may still be charged under other statutes, but not at the 15-to-life level.
Unreliable child interview evidence. Modern forensic interview protocols (such as the CornerHouse or RATAC method) exist precisely because children are highly suggestible. A defense expert can review whether the interview was conducted properly. Leading or suggestive questioning can taint a child’s testimony.
Coerced or involuntary confession. If law enforcement obtained statements from the defendant through threats, prolonged interrogation, deprivation, or other coercive tactics, those statements may be inadmissible under the Fifth Amendment. A motion to suppress can exclude them.
Unlawful search or seizure. Investigations of these allegations frequently involve searches of phones, computers, cloud accounts, and homes. If law enforcement obtained evidence through an unlawful search, your attorney can move to suppress under Penal Code § 1538.5.
Insufficient evidence. The prosecution must prove every element beyond a reasonable doubt. In cases without physical evidence, the case can come down to the credibility of the alleged victim, the consistency of their account, and corroborating evidence. Aggressive cross-examination and independent investigation can expose weaknesses.
What to Do If You’re Being Investigated
If law enforcement has contacted you, even casually, about an allegation involving a minor, your next steps are critical.
Do not speak to investigators. Politely decline to be interviewed. “I want to speak with my attorney before answering any questions.” Police interviews in these cases are designed to produce admissions.
Do not contact the alleged victim or their family. Any communication can be used as evidence of consciousness of guilt or witness intimidation.
Do not delete anything. Destroying or modifying evidence (text messages, photos, browser history) can lead to obstruction charges and create a damaging inference at trial.
Preserve exculpatory evidence. Anything that supports your version of events, location data, witnesses, communications, should be preserved immediately.
Hire a defense attorney experienced in serious sex cases. Not every criminal defense lawyer handles cases at this level. You need someone with specific experience defending serious sex offenses, including the use of forensic experts, child interview specialists, and DNA experts.
Understand your rights at every stage. For a complete walkthrough of post-arrest procedure, see our guide to your rights when arrested.
The decisions you make in the first 48 hours of an investigation can shape the entire case. Speak to a lawyer first, then decide what (if anything) to say to anyone else.
Frequently Asked Questions
What is the minimum sentence for aggravated sexual assault of a child in California?
The minimum sentence under Penal Code 269 is 15 years to life in state prison. The defendant must serve at least 15 years before being eligible for parole consideration. For convictions on multiple counts, the court can impose consecutive 15-to-life terms, meaning a defendant could face decades before any parole eligibility.
What’s the difference between PC 269 and PC 288?
PC 269 (aggravated sexual assault of a child) applies to specific serious sex offenses committed against a child under 14 by someone at least seven years older, where force, violence, duress, menace, or fear is involved. PC 288 (lewd acts with a minor) covers a broader range of sexual conduct with a child under 14, including conduct without force. PC 269 carries 15 years to life; PC 288 carries 3 to 10 years depending on the circumstances.
Is there a statute of limitations on PC 269 charges?
No. Under Senate Bill 813 (effective January 1, 2017), California removed the statute of limitations for most serious felony sex offenses, including aggravated sexual assault of a child. This means charges can be filed at any time, including decades after the alleged conduct, as long as the prior statute of limitations had not already expired before SB 813 took effect.
Will a PC 269 conviction require sex offender registration?
Yes. A conviction under PC 269 requires lifetime Tier 3 registration under California’s Sex Offender Registration Act (PC § 290). Tier 3 is the most restrictive level, requiring annual registration, registration within five days of any move, and indefinite inclusion on the public Megan’s Law website. There is no path to removal from Tier 3 registration.
Can I get probation instead of prison for a PC 269 conviction?
Generally no. PC 269 is one of the most restricted offenses for probation eligibility in California. While there are very narrow circumstances where a judge has discretion, probation is essentially unavailable in the vast majority of PC 269 cases. The mandatory sentence of 15 years to life is the rule, not the exception.
Talk to a Los Angeles Sex Crime Defense Attorney Today
A charge under Penal Code 269 is among the most serious accusations a person can face in California. The penalties are severe, the social consequences are devastating, and the cases themselves often turn on technical evidentiary issues like child forensic interview protocols, DNA analysis, suggestibility, and the precise statutory elements the prosecution must prove. Defending these cases requires specialized experience.
The criminal defense attorneys at Manshoory Law Group focus exclusively on criminal defense, including serious sex offenses, throughout Los Angeles, Orange County, and Southern California. We know how prosecutors build these cases, how to challenge unreliable evidence, when to bring in independent forensic experts, and where the weaknesses in the prosecution’s case tend to be.
Consultations are free and confidential, and we’re available 24/7. Flexible payment plans are available.
If you think you might be under investigation, or you’ve heard that someone is considering filing charges over something that happened years ago, one of the first questions on your mind is probably: how long does the state actually have to file charges? In California, the answer depends on the crime. For most misdemeanors, prosecutors have one year. For most felonies, three years. For the most serious offenses, including murder and certain sex crimes, there is no deadline at all.
Below, we break down California’s statute of limitations rules, the exceptions that can extend the clock, your right to a speedy trial once charges are filed, and what to do if you believe charges against you were filed too late.
If you’ve been contacted by police or you believe a charge may be coming, talk to a Los Angeles criminal defense attorney before you do anything else. The decisions you make during a pre-filing investigation often matter more than what happens after charges are filed.
What Is a Statute of Limitations?
A statute of limitations is a law that sets the maximum time after a crime is alleged to have been committed during which the state can file charges. If the deadline passes and no charges have been filed, the prosecutor loses the ability to bring the case. If they file anyway, your attorney can ask the court to dismiss the charges.
The rules exist for good reasons. Evidence disappears. Memories fade. Witnesses move, die, or become unreachable. Forcing the state to act within a reasonable window protects defendants from having to defend against stale allegations they may have no realistic way to challenge.
California’s main statute of limitations rules are codified in Penal Code § 799 through 805.
California Statute of Limitations by Crime Type
Here are the default time limits under California law:
One year (most misdemeanors), Penal Code § 802
Applies to most misdemeanor offenses not punishable by state prison, including:
DUI (Vehicle Code § 23152)
Petty theft (Penal Code § 484)
Misdemeanor hit and run (Vehicle Code § 20002)
Simple drug possession (Health & Safety Code § 11350)
Disorderly conduct (Penal Code § 647)
Three years (most felonies), Penal Code § 801
Applies to felony offenses punishable by less than eight years in state prison, including:
Assault with a deadly weapon (Penal Code § 245)
Grand theft (Penal Code § 487)
Drug sales (Health & Safety Code § 11352)
Many forgery and theft offenses
Five years, Penal Code § 803.7
Applies to felony domestic violence (Penal Code § 273.5, corporal injury to a spouse or cohabitant). This was extended from three years in 2020.
Six years (serious felonies), Penal Code § 800
Applies to felonies punishable by eight or more years in state prison, including:
First-degree robbery (Penal Code § 211)
Arson (Penal Code § 451)
Vehicular manslaughter while intoxicated (Penal Code § 191.5)
Ten years, Penal Code § 801.1(b)
Applies to most felony sex offenses that require sex offender registration under Penal Code § 290 and were not covered by Senate Bill 813.
No statute of limitations, Penal Code § 799
Charges can be filed at any time, no matter how much time has passed, for:
Murder (Penal Code § 187)
Any offense punishable by death or life in prison without parole
Embezzlement of public funds
Most serious sex offenses involving force or a child victim (under Senate Bill 813 and subsequent amendments, covered below)
How “Wobbler” Offenses Are Treated
Some California crimes can be filed as either a misdemeanor or a felony, depending on the facts and the defendant’s history. These are called wobblers. Common examples include domestic violence, grand theft, commercial burglary, and certain DUI offenses.
Under Penal Code § 805, the statute of limitations for a wobbler is based on the maximum felony exposure, even if the prosecutor ultimately charges it as a misdemeanor. So a wobbler that carries a three-year felony exposure has a three-year statute of limitations regardless of how the charging document is eventually filed. To understand how this impacts the case strategy more broadly, see our overview of wobbler offenses and misdemeanor probation.
When the Clock Starts and When It Stops
The general rule is that the statute of limitations starts running on the day the crime was allegedly committed. But there are important exceptions.
The discovery rule (Penal Code § 803(c)). For certain offenses, the clock doesn’t start until the crime is discovered or reasonably should have been discovered. This applies to:
Fraud and breach of fiduciary duty
Theft or embezzlement from elderly or dependent adults
Misconduct by a public official
For these crimes, prosecutors can sometimes file charges decades after the conduct occurred, as long as they act within the limitations period after discovery.
Tolling for absence from California (Penal Code § 803(d)). If a suspect leaves the state to avoid prosecution, the statute of limitations is paused for up to three years during that absence. This prevents people from running out the clock by crossing state lines.
Tolling during a pending prosecution. Once a charge is filed against you for a particular crime, the statute of limitations stops running on that same conduct.
DNA exception (Penal Code § 803). For certain sex crimes, prosecutors can file charges within one year after DNA evidence conclusively identifies a suspect, even if the original limitations period has expired, as long as specific corroboration requirements are met.
Crimes With No Statute of Limitations: SB 813 and Recent Updates
This is one of the biggest areas of change since the original 2018 version of this article. Senate Bill 813, which took effect on January 1, 2017, eliminated the statute of limitations for many serious felony sex offenses, including:
Forcible rape (Penal Code § 261)
Rape in concert (Penal Code § 264.1)
Sodomy by force (Penal Code § 286)
Forcible oral copulation (Penal Code § 287)
Lewd or lascivious acts with a child (Penal Code § 288)
Continuous sexual abuse of a child (Penal Code § 288.5)
Forcible penetration with a foreign object (Penal Code § 289)
Importantly, SB 813 only applies to offenses committed on or after January 1, 2017, or to offenses where the prior statute of limitations had not yet expired as of that date. Older cases are governed by the law in effect at the time, because the U.S. Supreme Court ruled in Stogner v. California (2003) that reviving an already-expired statute of limitations is unconstitutional.
Assembly Bill 2295, which took effect January 1, 2025, further expanded the no-SOL framework for many of these same offenses committed on or after that date. The trend in California is clear: serious sex offenses are increasingly being treated as crimes that can be prosecuted at any time.
For offenses involving minor victims that don’t fall under SB 813’s no-limit rule, Penal Code § 801.1(a) allows prosecution any time before the victim’s 40th birthday.
Your Right to a Speedy Trial
The statute of limitations governs how long the state has to file charges. A separate set of rules, your right to a speedy trial, governs how quickly the case must move once charges are filed.
The Sixth Amendment of the U.S. Constitution and Article I, Section 15 of the California Constitution both guarantee defendants a right to a speedy trial. Under Penal Code § 1382, California translates that into specific deadlines:
Misdemeanors: trial must begin within 30 days of arraignment if you’re in custody, or within 45 days if you’re out of custody.
Felonies: trial must begin within 60 days of arraignment.
These deadlines can be extended if you waive your speedy trial rights, which is common when the defense needs more time to investigate, file motions, or negotiate. Your first court date is the arraignment, and that’s typically when the speedy trial clock starts. If you want a deeper look at the timeline from arrest through trial, see our guide on the right to a speedy trial.
If the state violates your speedy trial rights, the remedy is dismissal.
What Happens If Charges Are Filed Too Late?
If you believe charges were filed after the statute of limitations expired, your defense attorney can file a motion to dismiss. Before trial, the defense bears the burden of showing as a matter of law that the prosecution is time-barred. At trial, if the issue is raised, the prosecution must prove by a preponderance of the evidence that the case was filed within the limitations period.
The motion is often brought as a demurrer at or shortly after arraignment. Winning it ends the case entirely.
Frequently Asked Questions
What is the statute of limitations for a felony in California?
For most felonies, California’s statute of limitations is three years under Penal Code § 801. For serious felonies punishable by eight or more years in state prison (such as arson or first-degree robbery), the limitations period is six years under Penal Code § 800. Some felonies, including murder, kidnapping for ransom, and many serious sex crimes, have no statute of limitations at all.
What is the statute of limitations for a misdemeanor in California?
Most California misdemeanors carry a one-year statute of limitations under Penal Code § 802(a). This includes DUI, petty theft, simple drug possession, and most other common misdemeanor charges. A few misdemeanors have longer limitations periods, such as misdemeanor annoying or molesting a child under 14 (three years).
Is there a statute of limitations on murder in California?
No. Murder and any offense punishable by death or life in prison without the possibility of parole have no statute of limitations under Penal Code § 799. Charges can be filed at any time, regardless of how many years have passed since the alleged crime.
Can old sex crime charges be filed today in California?
It depends on when the alleged offense occurred and what the law was at the time. For offenses committed on or after January 1, 2017, Senate Bill 813 removed the statute of limitations for most serious felony sex crimes. For older offenses, the law in effect at the time of the alleged conduct usually controls, because the U.S. Constitution prohibits reviving an already-expired statute of limitations.
Does the statute of limitations pause if I leave California?
Yes, in many cases. Under Penal Code § 803(d), the limitations period can be tolled for up to three years if you leave the state to avoid prosecution. The clock pauses during your absence and resumes when you return.
What’s the difference between the statute of limitations and the right to a speedy trial?
The statute of limitations sets the deadline for the state to file charges in the first place. The right to a speedy trial sets the deadline for the state to bring you to trial after charges are filed. Both can be grounds to dismiss a case if violated, but they apply at different stages of the process.
What should I do if I think charges against me are time-barred?
Contact a criminal defense attorney immediately. If the statute of limitations has expired, your lawyer can file a motion to dismiss, often as a demurrer at or shortly after arraignment. Winning that motion ends the case entirely. Don’t try to raise this argument on your own. The rules involve fact-specific tolling and discovery questions that need legal analysis.
Talk to a Los Angeles Criminal Defense Attorney Today
California’s statute of limitations rules are detailed, and the exceptions matter as much as the headline numbers. If you’ve been contacted by law enforcement about an old incident, charged with a crime that allegedly happened years ago, or you simply want to know where you stand, the criminal defense attorneys at Manshoory Law Group can review your situation and tell you exactly what timeline applies.
Our team focuses exclusively on criminal defense, and we handle cases throughout Los Angeles, Orange County, and Southern California. Consultations are free, and flexible payment plans are available.
Being arrested is one of the most stressful things that can happen to a person. The good news is that you have substantial constitutional protections from the moment police make contact with you, all the way through arraignment and trial. The bad news is that most people don’t know exactly what those rights are, when they apply, and how to invoke them. That gap is where cases are won and lost.
This guide breaks down your rights when you get arrested in California: what police can and cannot do, what Miranda actually requires, what to say (and what not to say), and what to do if you believe your rights were violated.
If you’ve already been arrested or you think charges may be coming, talk to a Los Angeles criminal defense attorney before you say anything else to law enforcement.
Can Police Arrest You for No Reason?
No. Under the Fourth Amendment of the U.S. Constitution and Article I, Section 13 of the California Constitution, police generally need one of two things to arrest you:
An arrest warrant signed by a judge, supported by probable cause; or
Probable cause without a warrant, meaning specific facts and circumstances that would lead a reasonable officer to believe you committed a crime.
Probable cause is more than a hunch and more than reasonable suspicion (the lower standard used for brief investigative stops). If an officer arrests you without probable cause and without a warrant, your defense attorney can challenge the arrest, which can lead to evidence being suppressed and, in some cases, charges being dismissed.
Detention vs. Arrest: A Critical Distinction
Not every police encounter is an arrest. California recognizes three levels of contact, and your rights work differently at each level:
Consensual encounter. An officer approaches you and asks questions. You’re free to leave and free not to answer. If you’re not sure which type of encounter you’re in, you can ask, “Officer, am I free to leave?” If the answer is yes, you can walk away.
Detention. An officer has reasonable suspicion that you may be involved in criminal activity and briefly stops you to investigate. You’re not free to leave, but you’re not under arrest. Common examples include traffic stops and stop-and-frisk situations. You generally must identify yourself if asked, but you’re not required to answer investigative questions.
Arrest. Police have probable cause to believe you committed a crime. You’re taken into custody, your freedom is significantly restricted, and you’re transported to a station or jail.
The distinction matters because Miranda warnings, search rules, and your right to counsel apply differently at each stage.
Your Right to Remain Silent
This is the single most important right you have when interacting with police, and it applies at every stage, not just after arrest. You cannot be forced to answer questions that might incriminate you, and your silence cannot be used against you at trial.
However, there’s a catch from the 2010 Supreme Court case Berghuis v. Thompkins: you must affirmatively invoke the right. Just staying quiet isn’t enough. To clearly invoke it, say something like:
“I am invoking my right to remain silent.”
“I want to speak to a lawyer.”
“I do not want to answer any questions without my attorney present.”
Once you clearly invoke either right, police must stop questioning you. Anything they continue to ask, and anything you continue to volunteer, can create problems later.
One of the biggest myths about arrest is that police must read you your Miranda rights the moment they put handcuffs on you, and if they don’t, your case has to be dismissed. Neither is true.
The Miranda warning, established in Miranda v. Arizona (1966), is required only when both of the following are true:
You are in custody (under arrest or otherwise not free to leave); and
Police are about to begin interrogation (questioning designed to elicit incriminating answers).
If you’re in custody but police don’t question you, no Miranda warning is required. If police question you before arrest (during a traffic stop, for example), no Miranda warning is required because you’re not in custody yet. This is exactly why officers sometimes delay an arrest or hold off on formal questioning, to get answers without triggering Miranda.
The actual warning sounds something like this:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights?”
What happens if police don’t read you your rights? Your case doesn’t automatically get dismissed. Instead, your attorney can file a motion to suppress any statements you made during the unwarned custodial interrogation. If those statements were a major part of the prosecution’s case, the suppression can be devastating to their case and sometimes leads to dismissal. But the arrest itself remains valid, and other evidence (physical evidence, witness testimony, surveillance video) is unaffected.
Important 2022 update: In Vega v. Tekoh, the Supreme Court clarified that a Miranda violation does not give you a civil cause of action against the officer. The remedy is exclusion of the statements at your criminal trial, not a separate lawsuit.
Exceptions to the Miranda Requirement
There are a few situations where police can ask questions in custody without a Miranda warning, and your answers can still be used against you:
Public safety exception. If there’s an immediate threat to public safety (for example, asking where a loaded gun is hidden), police can ask questions to neutralize the threat before reading Miranda.
Routine booking questions. Standard identifying questions like name, address, date of birth, and similar pedigree information generally don’t require a warning.
Spontaneous statements. If you volunteer information without being asked, those statements can be used even without a Miranda warning.
The lesson: stay quiet until you have a lawyer. Spontaneous comments after an arrest, even ones you think are helping you, often hurt your case.
Your Right to an Attorney
You have the right to an attorney at every critical stage of a criminal case, including before and during any custodial interrogation. If you cannot afford one, the court will appoint a public defender after you formally request counsel and qualify financially.
To invoke this right, you must be clear. Saying “maybe I should talk to a lawyer” or “should I get a lawyer?” has been held by courts to be ambiguous and not enough to stop questioning. Say instead:
“I want a lawyer.”
“I am not answering any more questions until my attorney is here.”
Once you clearly request counsel, police must stop questioning you and cannot resume until your attorney is present.
Your Right Against Unreasonable Search and Seizure
The Fourth Amendment also protects you from unreasonable searches of your person, home, car, and belongings. After an arrest, police can perform a limited search of your person and the area within your immediate reach, but anything beyond that generally requires a warrant or a recognized exception (consent, plain view, exigent circumstances, automobile exception, etc.).
If you consent to a search, you waive your Fourth Amendment protection for whatever you allowed them to look at. You are not required to consent. You can politely say, “I do not consent to a search,” and the officer must rely on whatever other legal authority they have. For a detailed breakdown of when officers can and can’t search, see our overview of California search and seizure laws.
What You Should Actually Do If You’re Arrested
Here’s a practical checklist that protects your rights without escalating the situation:
Stay calm and don’t resist physically. Even if the arrest is unlawful, resisting can create new charges. Sort out the legality later, in court.
Don’t argue or explain. Officers are not the audience that matters. The judge and jury are.
Clearly invoke your rights. “I am invoking my right to remain silent. I want a lawyer.”
Don’t consent to searches. Verbally decline. Don’t physically interfere.
Remember details. Officer names, badge numbers, patrol car numbers, the time, the location, what was said, and what was done. Write it all down as soon as you can.
Photograph any injuries. As soon as possible. Get medical attention so a third party documents them.
Don’t post about it on social media. Anything you write can be used against you.
Call a criminal defense attorney immediately. Not after the arraignment, not after you’ve talked to police, immediately.
What If Your Rights Were Violated?
If you believe police violated your rights during the arrest, search, or interrogation, your defense attorney has several tools:
Motion to suppress evidence under Penal Code § 1538.5 to exclude evidence from an unlawful search.
Motion to suppress statements to exclude any custodial interrogation that violated Miranda or your right to counsel.
Motion to dismiss if the violation was severe enough to compromise the case.
In rare situations involving serious misconduct, you may also have a civil claim under 42 U.S.C. § 1983 against the officers or department, but that’s separate from your criminal case and requires its own legal analysis.
Frequently Asked Questions
Can the police arrest me without a warrant in California?
Yes, if they have probable cause to believe you committed a crime. Probable cause means specific facts that would lead a reasonable officer to believe a crime occurred and you committed it. Without a warrant or probable cause, the arrest can be challenged in court.
Do police have to read me my Miranda rights when they arrest me?
No. Police only have to read Miranda rights before a custodial interrogation, meaning when you’re in custody and they’re about to ask questions designed to get incriminating answers. They can arrest you, transport you, and book you without ever reading Miranda, as long as they don’t question you.
What happens if police don’t read me my rights?
Your case is not automatically dismissed. Instead, your attorney can move to suppress any statements you made during a custodial interrogation that should have been preceded by a Miranda warning. Other evidence in the case is unaffected.
Do I have to answer police questions if I’m not under arrest?
In most cases, no. During a consensual encounter, you can decline to answer and walk away. During a detention (like a traffic stop), you generally must identify yourself but don’t have to answer investigative questions. You always have the right to remain silent, but to be safe, invoke it clearly.
Can the police search me after they arrest me?
Yes, but only within limits. After a lawful arrest, police can search your person and the area within your immediate reach without a warrant. Searches of your home, car, or belongings beyond that area generally require a warrant or a recognized exception.
Can I refuse a search?
Yes. You have the right to refuse consent to a search. Say clearly, “I do not consent to a search.” If police search anyway, they must rely on probable cause, a warrant, or another legal exception. Refusing consent does not give them probable cause.
What’s the difference between being detained and being arrested?
A detention is a brief investigative stop based on reasonable suspicion. You’re not free to leave, but you’re not in custody for Miranda purposes. An arrest requires probable cause, significantly restricts your freedom, and triggers full constitutional protections, including the right to counsel and Miranda warnings before any interrogation.
When should I call a criminal defense attorney?
Immediately, before answering any questions. Even if you think the situation is a misunderstanding, calling a lawyer first costs nothing and can prevent statements or decisions that hurt your case later.
Talk to a Los Angeles Criminal Defense Attorney Today
If you or a loved one has been arrested in Los Angeles, Orange County, or anywhere in Southern California, the criminal defense attorneys at Manshoory Law Group can help you protect your rights from the very first moment. Our team focuses exclusively on criminal defense, and we know how to challenge unlawful arrests, suppress improperly obtained evidence, and push back when police cross the line.
Consultations are free, and we’re available 24/7. Flexible payment plans are available.
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