Sending Harmful Matter of Intent to Seduce a Minor: Penal Code 288.2

PC 288.2 makes it a crime to distribute, sell, or display harmful material to someone below 18. The law is tailored to protect children from exposure to inappropriate content that could negatively affect their mental and emotional well-being. If you have been charged with this sex offense, you can anticipate no-holds-barred prosecution with dire repercussions. With your career, relationships, future, and liberty all on the line, you require a capable defense representation. At the Law Offices of Anna R. Yum, we can offer professional legal guidance and protect your rights. Our experienced San Diego team can break down the fundamental aspects of PC 288.2, providing insight and clarity into what it means to break this law and how we can defend you.

A Breakdown of Violation of PC 288.2

PC 288.2 makes it illegal to knowingly distribute, send, or exhibit harmful material that shows a minor participating in sexual behavior with another person intending to arouse, appeal to, or gratify the sexual impulses of that individual or of the underage child and to engage in sodomy, oral copulation, or sexual intercourse. 

Additionally, the statute requires that you have planned to engage in sexual contact with a child or induce them to permit you to touch their private body part or to encourage them to touch your intimate body part. In short, PC 288.2 criminalizes inducing a minor to engage in sexual conduct with an adult through sending harmful material to the juvenile. 

Before convicting you of this crime, the prosecutor must prove the elements of the crime below beyond any reasonable doubt:

• You knowingly sent, exhibited, or distributed harmful matter to a juvenile using various means, including electronic transmission channels.
• When you committed the crime, you were aware or ought to have known your recipient was a child.
• When you committed the crime, you acted so intending to awaken the sexual desires, passions, or lust of yourself or the juvenile.
• When you acted, your motive was to engage in oral copulation, sexual intercourse, or sexual activity with the child.

The prosecutor does not have to prove the existence of actual sexual contact or physical contact between the minor and the defendant.

The law considers material(s) harmful when:

• It describes or demonstrates sexual behavior in an offensive manner
• A reasonable individual would conclude that it has no serious artistic, political, scientific, or literary value for children.
• An adult individual would deem it to appeal to deplorable interests in excretion, nudity, or sex.

Please note that the material is harmless if it has a legitimate educational purpose.

Criminal Penalties and Consequences

Violating PC 288.2 is a wobbler. The prosecutor can file the charge either as a felony or a misdemeanor based on your criminal history and the circumstances surrounding your case. 

A misdemeanor carries the following penalties:

• A year in jail
• A fine of one thousand dollars

Conversely, a felony carries a maximum sentence of three years in California state prison and a ten thousand dollar fine. 

Collateral Penalties

Other penalties and consequences you risk facing on top of serving time and paying fines include the following:

• Immigration penalties — A PC 288.2 conviction can have adverse immigration repercussions like inadmissibility and deportation. Consequently, you should seek immediate legal representation as an immigrant to get your criminal charges dropped or reduced to a crime that is not deportable.
• Loss of firearm rights — A California misdemeanor conviction will not impact your firearm rights. On the other hand, with a felony, you will lose the entitlement to purchase, own, or possess a gun. 
• Victim restitution in the form of payment for the alleged victim’s psychological treatment
• Being the adverse party in a criminal restraining order
• Higher incarceration duration for future convictions
• Potential loss of your professional license
• Being disqualified from serving in the military
• Lifetime responsibility to register as a Tier III sex offender — You should always inform law enforcers of your whereabouts, provided you attend school, work, or live in California. You should register your address within five days of your release from police custody, discharge from a hospital, or sentence. The law also requires you to update your details annually within five days of your birthday. After reporting to the police, they will forward the information to the Department of Justice, which maintains a list of registered sex offenders. The general public can access Megan Law’s official website and see information like name, identifying information, the alleged crime, and the conviction year. 

Can You Expunge Your Conviction?

You can, provided you did not serve time in state prison. That means you cannot expunge a felony conviction.

Expungement is a post-conviction relief that erases criminal records, offering a fresh start. Some of its benefits include helping you secure employment and affordable housing with ease, regardless of your previous conviction. 

How to Fight Your Criminal Charges

There are numerous legal defenses that your seasoned defense lawyer can use to fight your criminal charges. Common strategies include the following:

False Accusations

Like most crimes involving children, PC 288.2 also leads to wrongful apprehensions. You might face a false allegation made by:

• An ex with who you have a child with that wants you to stop contacting your child
• A child that made a sexual advance and you refused

Revenge and anger are other common causes of false accusations. 

Your attorney can use key evidence to refute the allegation, including eyewitnesses, an alibi, surveillance footage, and recorded communications. The prosecution could drop your criminal case after your lawyer casts doubt on the accuser’s credibility and reveals their intent to lie. 

Some of the steps to take when facing false sex crime allegations include the following:

• Do not confront or speak with your accuser
• Avoid self-representation — You are less likely to grasp the complexities of the legal process you face, increasing your chances of losing the case at trial. 
• Before consulting a defense attorney, do not tell law enforcers about the alleged PC 288.2 violation. The police will use whatever you tell them against you in court. Instead, invoke your right to remain silent and hire a lawyer.
• Avoid venting your emotions on social media.
• Do not ignore your charges because they are false. Sex charges have lifelong consequences, and it is advisable to act proactively once you learn of them. 
• Write down your recollection of events and a list of witnesses and give them to your defense attorney.
• Inform your attorney of supporting evidence

You Did Not Act With a Criminal Intent

It is a robust legal strategy because it is hard for the prosecutor to prove intent. You could prove you showed the minor a photo of a half-naked person to explain a body part. If your lawyer can prove to the district attorney that you did not pleasure yourself, they can agree to dismiss your criminal charges.

There Were No Harmful Materials

Your lawyer can find previous criminal cases that support the view that the materials in your case fall outside the bounds of what is deemed harmful. After they present the cases to the prosecution, the district attorney might realize there is reasonable doubt and dismiss your criminal charges. 

Related Offenses

Here are crimes charged alongside or instead of PC 288.2. 

Lewd Conduct with a Child (PC 288)

Also known as child molestation, Penal Code 288 criminalizes touching a minor below 14 with sexual intentions.

The crime is a felony, and your sentence depends on the minor’s age and the circumstances. For instance, if the juvenile is 14 and you did not apply force, the crime is punishable by eight years in prison, a fine of $10,000, and tier II sex offender registration. On the contrary, if a child is under 14 and you applied force, you will spend ten years in prison, pay a fine of $10,000, and register as a tier III sex offender.  

Child Endangerment

PC 273a makes it illegal to place a minor in a situation that threatens their safety and health. It entails exposing the juvenile to unjustifiable danger, pain, and suffering. It is not a must for the child to experience physical harm. 

The crime is a wobbler. A misdemeanor is punishable by a six-month jail sentence and a $1,000 fine, while a felony attracts six years in state prison and ten thousand dollars in fine.

Child Pornography

PC 311 makes it unlawful to send, duplicate, print, possess, advertise, or transport child pornography or to convince or hire a minor to engage in making pornographic images. Child pornography is any material depicting sexual activity by a minor. The material can be a film, photograph, videotape, or slide. 

The crime is a wobbler. A misdemeanor is punishable by a year in jail and a fine ranging from $1,000 to $2,500. A felony carries three years in state prison. 

Enticing a Child to Prostitution

PC 266 defines enticing a child to prostitution as enticing a juvenile into a brothel to engage in prostitution acts or setting up the minor to have sexual intercourse with somebody else. 

The crime is a felony, and a conviction carries three years in state prison, $2,000 in fines, and tier I sex offender registration for 10 years. 

Arranging to Meet With a Minor for Lewd Purposes

PC 288.4 makes it illegal to arrange a meeting with a child while being motivated by sexual interests in children intending to engage in sexual conduct with the juvenile at your meeting. 

Arranging the meeting is an offense, and the judge could convict you even if you never engaged the child in sexual conduct or met them. 

The crime is a wobbler. A misdemeanor is punishable by a year in jail and a fine of five thousand dollars, while a felony carries a fine of $10,000 and four years in state prison. 

What to Expect If Charged with a Sex Crime

If you find yourself accused of violating PC 288.2, knowing what could occur next could subdue fear and allow you to prepare for the criminal judicial process. From the report to the police to your arrest, the information below explores what could occur as the accusations unfolded into legal action.

Initial Sexual Crime Accusation

The process starts with an initial allegation, which may come in several forms. Any of the following could accuse you of PC 288.2:

• Your accuser directly
• Police officers
• Social media 
• Child protective services

The Investigation Phase

Once your accuser reports the Pc 288.2 allegation against you to the police, the law enforcers` will start an investigation. Next, the law enforcement agents tasked with the case will interview witnesses to the alleged incident, record statements, and begin collecting available evidence that they could use to obtain your conviction.

If law enforcement agents try to speak to you, exercise your legal right to remain silent.

Your Arrest

Upon finding probable cause, the police officers will bring you into custody and book you at the county police department. The booking process involves the following:

• Recording crucial information — Police officers will record your name, contact details, the nature of your alleged offense, and the criminal charges against you.
• Mug shot — The police will require you to stand or sit for several photographs, known as mug shots. These photographs indicate the date, height, and other personal information about the alleged PC 288.2 crime.
• Confiscation of your personal effects and clothing — The police will require you to surrender your clothes and personal items before providing you with a uniform. Note the police will return your properties upon your release unless the items are considered evidence or contraband.
• Fingerprinting — The process involves a law enforcement agent recording fingerprints of all your fingers. If your alleged crime has any fingerprint evidence, they are compared to yours to see if they match. If the fingerprints do not match yours, you are exonerated. Your fingerprints stay in the police database indefinitely.
• Strip search — Law enforcement will conduct a full-body search on you. The process requires undressing, making it uncomfortable and may be invasive. The search intends to ensure you have not brought any drugs or weapons into your holding facility.
• Checking for any warrants — Law enforcement agents do background searches through their database to check for outstanding arrest warrants in any other criminal cases. Sometimes, the police solve other offenses by coincidence if they arrest someone for an unrelated offense and obtain a match. You can exercise your Miranda rights even in custody and during police interrogations. You should remain silent and request a defense attorney immediately; the police can use anything you disclose willingly to them against you.  
• Health screening — You will undergo a general health check to ensure you do not require immediate care or pose a danger to police officers or other inmates in custody. The checks can include blood tests and X-rays.

Your Arraignment

In your arraignment, the prosecution will file formal criminal charges against you. The judge will give a chance to enter a plea. You can plead either:

• Guilty
• No contest
• Not guilty

The presiding judge will decide whether to grant you bail. Posting bail allows you to secure a release pending your trial date. The main objective of requiring bail is to ensure an accused will attend all their court dates and comply with your release terms. 

You can post the amount highlighted on the bail schedule. Every California county has a bail schedule that outlines the required bail amount for different crimes. However, if you choose to wait or it is determined you must wait until your arraignment, the judge will set your bail. The judge has the discretion to deviate from the bail schedule. Some common factors that a judge will review before setting your bail include the following:

• Your case facts
• Your criminal history
• Are you a flight risk?
• Your community ties

The judge can set a higher bail amount or deny it altogether if they deem that:

• You are a danger to yourself, your accuser, or witnesses, or
• You might not attend your upcoming court hearing 

Sometimes, judges grant defendants release on their own recognizance (O.R.). 

Filing Pretrial Motions

Before heading to court, your criminal defense attorney will deal with pretrial motions. The process involves conducting discovery, where your lawyer will exchange the available evidence with the prosecution team. Discovery helps your defense attorney gain insight into the content of the prosecution’s case against you.

Your legal representative’s evaluation of the prosecution’s evidence helps them better understand whether to file a pretrial motion. For example, they could petition the court to have your PC 288.2 criminal charges dropped if the prosecution has tried to prosecute you while the statute of limitation has expired. Your attorney might also file a motion to suppress the illegally obtained case evidence. 

The Trial

The prosecution team will get a chance to argue their case during trial. Your defense attorneys can counter their arguments and present proof of reasonable doubt to secure your acquittal. After both parties have argued their case, the matter will draw a close, resulting in a case resolution.

The Importance of Hiring a Skilled Defense Attorney

If facing a sex crime like PC 288.2, you should enlist an attorney with extensive legal experience and knowledge who can safeguard your rights while fighting the charges against you. The legal representative can help you with the following:

Grasp the Gravity of PC 288.2 Sex Crime Charge

A PC 288.2 criminal charge can damage your reputation and cause social stigma. A conviction attracts lengthy incarceration, mandatory sex offender registration, and a lifelong societal stigma.

Since a lot is at stake, having a strong defense is crucial to protecting your rights and future.

Legal Expertise

Sex crime cases require a profound understanding of California criminal law, mainly the nuances surrounding evidentiary regulations. An expert lawyer is well-versed in state laws and regulations, enabling them to navigate the legal intricacies unique to California.

Developing a Formidable Defense Through a Comprehensive Investigation

A detailed investigation is a significant part of building a strong defense strategy. A proven criminal defense lawyer will thoroughly evaluate the evidence, interview any witnesses, and scrutinize the alleged incident’s circumstances to develop your case evidence.  

Collecting Evidence to Support Your Defense

Gathering evidence is a critical part of building your defense. It involves obtaining witness testimonies, surveillance video footage, and other relevant information that could prove your innocence. Your criminal defense attorney has extensive experience with this procedure and knows how to navigate the justice system to collect all relevant evidence. They will also discredit any prosecutor’s evidence that may be misleading or false.

Early Intervention

When facing PC 288.2, acting promptly makes a great deal of difference. The prosecution team builds its case against a defendant once it receives an accuser’s police report. Early intervention by your criminal defense lawyer can significantly affect your case’s outcome. The earlier you obtain legal representation, the earlier your attorney can fight for your rights and freedom. 

Negotiate Plea Bargains and Reduced Charges

A skilled defense attorney can engage in plea bargain negotiations to reduce your criminal charges or penalties. They can achieve this by:

• Using their expert knowledge of plea bargain tactics — They know how to navigate the negotiation process strategically.
• Advocating for a fair and just case resolution — They fight aggressively to ensure you receive a fair resolution.
• Utilizing their comprehensive understanding of sentencing options — Your sex crime lawyer is familiar with the different sentencing options available in sex crime cases.

Contact a Competent Legal Defense Near Me

According to PC 288.2, sending or transmitting harmful materials to a child is a crime. The statute aims at protecting children from exposure to obscene, harmful, or explicit content. The crime carries severe, life-altering consequences. At the Law Offices of Anna R. Yum, we take pride in assisting good people in San Diego in legal trouble. We can aggressively fight for your rights and relentlessly pursue the most favorable case outcome. We can listen to your side of the story to learn your legal goals before developing a strategy that resolves the case with less effect on your future. Call us at 619-493-3461 to schedule your free case review.