California PC 288 makes it unlawful to engage in lewd acts with a minor. Under this statute, lewd acts involve any touching of a child under fourteen years when done with the intent to arouse, gratify, or abuse sexually. Minors cannot consent to a sexual act under California law. Therefore, any sexual acts involving minors are criminal offenses.
Before you face a conviction for lewd acts with a minor, the prosecution must prove that the alleged victim of your acts was a child. Additionally, they must establish your intent to arouse or sexually gratify yourself. Engaging in lewd acts with a minor is a felony. A conviction for the offense attracts severe legal and collateral consequences.
In addition to incarceration and fines, you will have a permanent felony record that can affect multiple aspects of your life. If a loved one faces charges for this offense, you must aggressively fight to avoid a conviction. At The Law Offices of Anna R. Yum, we offer expert legal insight for our clients battling sex crime charges in San Diego, CA.
Free Consultation (619) 233-4433
An Overview of California Penal Code 288
Lewd conduct with a minor is a serious criminal offense charged under Penal Code 288. The law makes it illegal for any person to commit lewd or lascivious acts with a child who is under 14 years old. PC 288 protects young children from sexual abuse, manipulation, and exploitation by adults.
To convict someone of this crime, the prosecution must prove the following elements beyond a reasonable doubt:
The Child Was Under 14 Years Old
The prosecution must prove that the alleged victim of your acts was 14 years or younger when the alleged act occurred. The law focuses on the child’s age, not the accused’s. The law still applies regardless of the child’s apparent willingness or cooperation, as minors under 14 cannot legally consent to sexual activity. Minors in California cannot legally consent to sexual acts. Therefore, even if the child appeared willing or gave permission, the law does not recognize that as a valid defense.
You Touched the Child
You must have willfully touched the child to face a conviction for lewd acts with a minor. This includes physical contact with any part of the child’s body. The contact can occur over or under clothing. The law also includes situations where you made the child touch you or themselves in the direction of the accused. While physical contact is necessary, it does not have to involve intimate parts of the body.
You Acted with a Sexual Intent
The prosecution must show that you acted with specific sexual intent. For the touching to be considered lewd, it must be done with one particular sexual purpose. You must have intended to arouse, appeal to, or gratify the sexual desires of either the child or the adult. The law does not require that any actual arousal or gratification take place. Innocent contact does not qualify as lewd conduct. The prosecution must prove that the act was sexual.
Sentencing and Punishment for Lewd Acts with a Minor
California law is strict when handling sex crimes involving children. A conviction for lewd acts with a child can result in severe penalties. Molesting a child is a felony under California law. The penalties you will face after your conviction vary depending on the child’s age. The penalties for the molestation of a child under 14 with no force or duress under PC 288(a) are:
- 3, 6, or 8 years in state prison
- A fine of up to $10,000
- Felony or formal probation
Sex offender registration under California’s tiered system (SB 384) can last up to 20 years for a first offense, with lifetime registration for more severe or repeat violations.
A conviction for lewd acts with a child under 14 with force or duress will result in the following penalties:
- 5, 8, or 10 years in state prison
- A fine of up to $10,000
- Tier III sex offender registration
If you engage in lewd acts with a 14- or 15-year-old child, and you are at least 10 years older, the prosecutor will file charges against you under Penal Code 288(c)(1). A conviction for violating this statute is a wobbler.
As a felony, the offense is punishable by 1, 2, or 3 years in state prison, a fine of up to $10,000, and Tier II sex offender registration. A misdemeanor conviction, on the other hand, will result in up to 1 year in county jail, a fine of up to $1,000, and Tier II sex offender registration.
If the victim of your acts is a 16- or 17-year-old child, you could face statutory rape charges under PC 261.5(a).
Aggravating Factors Under PC 288(a)
In California, engaging in lewd acts with a minor is a serious crime. Certain aggravating circumstances can make the charges and penalties much more severe. These factors show that you acted with greater harm, intent, or danger to the child. They include:
- Use of force or violence. If the offender used physical force, threats, or violence to commit the act, the offense is treated more seriously. It shows a higher level of danger and trauma to the victim.
- The victim’s age. The younger the victim, the more serious the charge. For example, committing a lewd act with a child under 14 years old can lead to harsher punishment.
- Position of trust or authority. If the offender is someone the child trusted, like a parent, teacher, coach, or caregiver, the court treats the case harshly. California law punishes those who abuse their position to exploit minors.
- Multiple victims. You could face more serious charges for lewd conduct with a minor if there are numerous victims. The pattern of behavior can lead to longer sentences and a lower chance of parole.
- Prior convictions. California law is strict on repeat offenders. A previous conviction for a similar sex crime can drastically increase penalties. Repeat offenders may face life sentences or mandatory minimum prison terms.
These aggravating factors increase the legal penalties and influence how judges and prosecutors handle the case. Often, they may lead to felony charges, lifetime sex offender registration, and lengthy prison sentences. California law takes child protection seriously, especially when these factors show a higher risk of harm.
Collateral Consequences of a Conviction for Lewd Acts with a Minor in California
A conviction for lewd acts with a minor in California results in more than just a prison sentence. These offenses can attract severe consequences that impact multiple aspects of your life. They include:
Sex Offender Registration (PC 290)
A significant and long-lasting consequence of violating PC 288(a) is mandatory registration as a sex offender under California Penal Code § 290. For sex crimes involving minors, the sex offender registration is for a lifetime. As a registered sex offender in California, you must update your registration with local law enforcement.
Additionally, you must report any residence, employment, or education changes. Failure to do so is a separate felony offense. The sex offender registry is public record. Therefore, individuals who perform a background check on you can find it.
Parole or Probation Conditions
After release from custody, you may face strict parole or probation conditions. These conditions may include:
- GPS monitoring
- Mandatory counseling
- Random drug testing
- Frequent check-ins with a supervising officer
Courts may also order a complete ban on contact with minors, including your children. Any violation of these terms can lead to immediate arrest and further incarceration.
Residency Restrictions
Convicted sex offenders often face limitations on where they can live. California law may prohibit them from residing within 2,000 feet of schools, parks, playgrounds, or daycare centers. These restrictions can make it challenging to find lawful housing and may even result in homelessness or transience.
Fines and Court Fees
After your conviction for lewd acts with a minor, the judge may order you to pay various financial penalties. They may include court fines, administrative fees, and victim restitution. Additionally, you are responsible for the costs of mandated treatment programs and GPS monitoring. These expenses can amount to thousands of dollars and cause long-term financial strain.
Loss of Civil Rights
Felony convictions for sex crimes result in the loss of critical civil rights. While incarcerated, individuals lose the right to vote. Also, California law permanently bans convicted felons from owning or possessing firearms. These civil restrictions often extend beyond the prison sentence and can affect personal freedom.
Difficulty Finding Employment
A sex crime conviction makes it difficult to find employment. Most employers conduct background checks on potential employees. An employer may be hesitant or unwilling to hire individuals with sex offenses on their record. Even jobs unrelated to children or education are difficult to secure due to the stigma attached to the conviction.
Loss of Professional Licenses
For professionals who require a license to practice, a conviction under PC 288(a) can impact their license and career. When your licensing board learns of the sentence, you can undergo an investigation and potential disciplinary action. Many professional licenses are revoked or suspended following a conviction for a sex offense.
The disciplinary action could range from public reprimand to license suspension and revocation. Losing a professional license can mean the end of a career and the inability to work in a chosen field again.
Legal Defenses Against Charges for Lewd Acts with a Minor in California
Facing an arrest and charges for lewd acts with a minor is a life-altering experience. A conviction under PC 288(a) attracts severe legal and collateral consequences. However, being accused does not mean you are guilty. You can present legal defenses to fight the charges and avoid a conviction. They include:
Lack of Evidence
To secure a conviction for lewd acts with a child, the prosecution must prove all elements of the crime. These elements are supported by physical evidence, circumstantial evidence, and witness testimonies. One of the strongest defenses is arguing that insufficient evidence supports the charges.
The standard of proof needed in a criminal case is high, and prosecutors often find it challenging to meet it. Without physical evidence, witnesses, or a credible timeline, your attorney can argue that the case is too weak to convict.
Sometimes children can misremember or misunderstand events. Other times, their stories may change. Your lawyer can highlight inconsistencies in their statements or show how the story does not add up. If the jury has doubt, they can acquit you.
False Accusations
False allegations are common in cases of sex crimes against children. Adults can influence minors to make false claims during messy divorces or custody battles. Sometimes, one parent may pressure the child to lie to gain an advantage. Also, children are easily manipulated into thinking something inappropriate happened.
Sometimes, a child may lie out of fear, anger, or even to seek attention. An experienced defense attorney can present evidence to uncover the false allegations.
Mistaken Identity
You can use mistaken identification as a defense against your charges for lewd acts with a child. A minor might identify the wrong person, especially if the incident happened in a crowded setting or if they did not know the accused well. Your lawyer can present an alibi if someone else committed the act, and you were wrongly charged. This is by introducing video footage, calling witnesses, or using forensic evidence to prove you were in a different place when the incident occurred.
No Sexual Intent
To convict you under PC 288(a), the prosecution must prove that you touched the child with sexual intent. If there was no intent to arouse, gratify, or abuse sexually, your acts do not qualify as a lewd act under California law. For example, if you touched a child while helping them dress, you did not commit a crime unless you had a sexual motive. Your attorney can argue that the act was misunderstood or completely innocent.
Coerced or False Confession
Unfortunately, people sometimes confess to things they did not do. Police interrogations are often intense and manipulative. They might lie, pressure, or keep you in a room for hours. You may feel tired, scared, and confused, which pushes you to accept the accusations and end the interrogations.
California law requires confessions to be voluntary. If you confessed under pressure, your lawyer can request that the judge dismiss it from the evidence. Excluding such key evidence can weaken the case and result in a dismissal of the charges.
Mental Incapacity or Developmental Delay
Some people have mental health issues or cognitive disabilities that affect how they react to situations. If you did not understand your actions or could not form criminal intent due to a mental condition, that can be a valid legal defense. Your attorney may request a psychological evaluation and call expert witnesses. If you can prove that you could not fully understand the nature of your actions, you can face a reduced sentence.
Entrapment by Police or Undercover Agents
Entrapment happens when law enforcement induces someone to commit a crime they would not otherwise commit. In lewd act cases, this may occur during sting operations where an undercover officer pretends to be a minor online or in person.
The law says that police can provide an opportunity for a crime, but cannot pressure someone to do it. If the police crossed the line and pushed you into acting out of character, this may be entrapment. Your attorney can use this defense to secure a case dismissal.
Offenses Related to Lewd Acts with a Minor in California
Engaging in lewd acts with a minor is a serious offense under California law. Several other crimes are closely related because they happened simultaneously or involve similar conduct. They include:
Statutory Rape (Penal Code 261.5 )
Statutory rape involves sexual intercourse with someone under 18 years. In California, minors cannot consent to a sexual act. Therefore, you will face an arrest and criminal charges even when the alleged victim agreed to the act. No force or threats are required to prove that you violated PC 261.5.
If a minor and an adult engage in sexual activity willingly, prosecutors may charge statutory rape instead of or in addition to lewd acts. It happens in situations where there was no coercion or violence. Statutory rape can attract misdemeanor or felony charges depending on the victim’s age.
A felony conviction for the offense could result in a prison sentence of up to four years. You will face up to one year in jail for a misdemeanor conviction. In addition to incarceration, you could face mandatory sex offender registration.
Possession of Child Pornography
California Penal Code 311.11 makes it illegal to possess, control, or access images or videos of children engaged in sexual conduct. Even if you did not create the material, having it can land you in serious legal trouble. The law on child pornography applies to any kind of child sexual image, even if downloaded from the internet. Before your conviction, the prosecution must prove that the alleged victim was under eighteen.
Many lewd conduct cases also involve digital evidence. If someone is accused of touching a minor and later found with child porn, they can face this additional charge. In some cases, the images involve the same minor. Possession of child pornography is a felony punishable by a prison sentence of sixteen months to two to three years. Additionally, you will face mandatory registration as a sex offender.
Contacting a Minor with Intent to Commit a Felony
Penal Code 288.3 targets people who try to lure or “groom” minors online or through other means. If an adult communicates with a minor and plans to commit a crime like a lewd act or sexual assault, they can face arrest for the offense. Contact in this case could include phone calls, texts, emails, and online chats.
The prosecution must prove your intent to commit another serious crime like rape. There is no physical contact needed to establish liability for this offense. You could face charges under this statute when you meet minors online and attempt to set up meetings for sex.
A violation of PC 288.3 is charged as a felony. A conviction for the offense will attract a prison sentence of sixteen months to two or three years. Additionally, you must register as a sex offender.
Annoying or Molesting a Child
Penal Code 647.6 punishes sexually motivated behavior. You could face charges for this offense if the prosecution lacks enough evidence to prove that you engaged in lewd acts with a child. Conduct that is prohibited by this statute involves texts, emails, or other forms of communication with the child. However, the prosecution must prove that you were motivated by sexual interest in the child.
Annoying or molesting a child is a wobbler. The prosecution can file felony or misdemeanor charges depending on the circumstances. As a misdemeanor, a conviction for annoying a child is punishable by a year in county jail. A felony conviction, on the other hand, will result in a prison sentence of sixteen months to two or three years.
Attempted Lewd Act (Penal Code 664/288)
If someone tries to commit a lewd act with a child but does not complete it, they can face charges for the attempted crime. The penalties for an attempted crime are half those of the completed offense.
Find a Competent Criminal Defense Attorney Near Me
You could face an arrest and charges for lewd acts with a child under PC 288 if you touch a child with a sexual intent. The stakes are high for defendants facing charges under this statute. The offense is a felony whose conviction attracts a lengthy prison sentence. Additionally, the conviction will enter your record, impacting your personal and professional lives.
Fortunately, not all arrests under this statute will result in a conviction. With the guidance of a skilled attorney, you can build a solid defense to fight the charges and avoid a conviction. Your choice of legal representation when you face charges for a sex crime in California can dictate the outcome of your case.
At the Law Offices of Anna R. Yum, we will offer the legal guidance and representation you need to secure a favorable outcome in your case. Call us today at 619-493-3461 from San Diego, CA, for confidential consultation.
