Every U.S. state follows its own criminal code and court rules. The steps below reflect what most jurisdictions do in sex-crime cases—while noting where procedures and terminology differ. For general state-court context, see the National Center for State Courts resources and this plain-English criminal-court overview (California Courts).
🔍1) Investigation: local police & ICAC task forces
State sex-crime cases usually start with local law enforcement. In online-exploitation matters, police often partner with state Internet Crimes Against Children (ICAC) units. The OJJDP ICAC Task Force Program coordinates 61 task forces nationwide that assist on digital forensics, undercover operations, and evidence preservation.
⚖️2) Arrest & First Appearance: rights, counsel, bail
After arrest or summons, the accused appears before a state trial-court judge (titles vary: magistrate, commissioner, justice of the peace) for a brief initial appearance/arraignment: charges are announced, rights are explained, counsel may be appointed, and bail/conditions of release are considered. Practices differ: some states still use cash bail; others rely on supervision or risk tools. No-contact orders and device/Internet restrictions are common in sex-crime cases.
For a simple state-court roadmap of charges → arraignment → pretrial → trial → sentencing, see California's criminal-court overview and NCSC's court resources.
📋3) Charging: complaint, information, or indictment
States use different charging instruments: a criminal complaint (often police/prosecutor signed), a prosecutor's information, or a grand jury indictment (common for serious felonies in some states). Which path is used—and how fast—varies by statute and local practice.
For public-facing explainers, see LawHelp.org's legal info hub and RAINN's "What to Expect" guide.
🔬4) Discovery, Digital Forensics & Pretrial Motions
Defense reviews police reports, device images, and lab work; negotiates expert access; and litigates pretrial motions (e.g., to suppress searches, statements, or certain digital evidence). Rape-shield rules exist in every state to limit irrelevant sexual-history evidence. Expect months of motion practice before any trial date.
🤝5) Plea Bargaining vs. Trial
Most state cases resolve by plea agreement. Sentences range from probation to long prison terms and typically include sex-offender registration for qualifying offenses. If no plea, cases proceed to a jury trial where the state must prove guilt beyond a reasonable doubt. For survivor-focused trial guidance, see RAINN's trial overview.
📊6) Sentencing & Presentence Reports
After a plea or verdict, judges sentence under state law. Many states use a presentence investigation (PSI/PSR) by probation to summarize the offense and personal history and to recommend terms. Some states also have sentencing guidelines (e.g., Minnesota Sentencing Guidelines Commission).
🏢7) Incarceration: county jail or state prison
Shorter sentences are served in county jail; longer terms in state prisons. Sex-offense treatment availability varies by state. For a high-level snapshot of how states use incarceration, see Prison Policy Initiative's Mass Incarceration: The Whole Pie (2025).
📝8) Registration & Supervision after Release
All 50 states require sex-offender registration, but tiers, durations, and relief mechanismsvary. Track state law trends with NCSL's Sex Offender Enactments Database and see a 50-state comparison of relief from registration via the Collateral Consequences Resource Center. Post-release supervision (probation/parole) often includes therapy, device limits, curfews, and strict no-contact rules.
Key Differences from Federal Prosecutions
- Speed: State cases often move faster, but continuances are common and vary by court.
- Bail: States more frequently allow pretrial release, though sex-crime conditions can be strict.
- Sentencing: No uniform federal-style guidelines across states; statutes and local practice drive outcomes.
- Dual sovereignty: In some scenarios, both state and federal authorities may prosecute the same conduct under separate laws.
Want a printable checklist for families?
See our State Process Guide with interactive checklists and family tips for each stage.
Essential State Process Resources
- RAINN Process Overview — Criminal justice system guide
- NCSC Court Resources — State court information
- LawHelp.org — Legal information by state
- State Process Guide — Interactive checklist version
- Contact SOLAR — Get personalized guidance
Note: This guide provides general information about state criminal processes. Laws and procedures vary significantly by state and jurisdiction. Defendants and families should consult with qualified state defense attorneys for specific guidance on their circumstances.