California law takes allegations of child sexual abuse extremely seriously. One statute used to prosecute these offenses is Penal Code 288 PC: Lewd or Lascivious Acts With a Child Under 14, which addresses these serious offenses. It is important to understand that conduct charged under PC 288 does not always involve obvious or overt sexual activity.
Any physical contact with a child that is carried out with a sexual purpose can potentially result in charges under this law. Because of the severe consequences associated with these allegations, experienced legal representation is critical.
An experienced Oakland sex crimes lawyer can help protect the rights of individuals facing these serious accusations.
Charges for Lewd Acts Involving Children Under 14
Lewd behavior is unlawful in California. In general, such conduct is prosecuted under Penal Code section 647(a), which defines lewd acts to include behavior intended to produce sexual arousal, such as:
- Touching another person for sexual gratification
- Causing someone to touch themselves for sexual purposes
- Encouraging one person to touch another for sexual arousal
Penal Code 288 applies specifically when these acts involve children under the age of 14. The law does not require direct contact with sexual organs or contact underneath clothing for charges to apply. Even actions that fall short of explicit sexual activity may still qualify if they are done with sexual intent.
The law also prohibits encouraging a minor to engage in sexual touching. A person may be charged even if the minor was not aroused or the accused did not achieve sexual gratification.
For a free legal consultation with a lewd or lascivious acts with a child under fourteen lawyer serving California, call (510) 995-0000
Child Molestation Under California Law
PC 288 is one form of child molestation charge in California. Sexual conduct involving individuals under the age of 18 may fall under various criminal statutes, depending on the circumstances.
Other offenses commonly categorized as child molestation include:
- Oral copulation with a minor
- Sending obscene or explicit materials to a minor
- Ongoing sexual abuse of a child
- Unlawful sexual intercourse with a minor
Each of these crimes carries severe penalties. A Los Angeles criminal defense attorney can help challenge the prosecution’s case and work toward minimizing the potential consequences.
California Lewd or Lascivious Acts With a Child Under Fourteen Lawyer Near Me (510) 995-0000
Potential Penalties for a PC 288 Conviction
A conviction under Penal Code 288 can result in substantial punishment, including fines of up to $10,000 and a state prison sentence of as much as eight years.
If force is involved, the possible prison sentence may increase to 10 years. In cases where the offense results in serious bodily injury, a life sentence is possible.
Additionally, anyone convicted under PC 288 is required to register as a sex offender.
Other long-term consequences may include:
- Immigration-related penalties
- Loss of professional or occupational licenses
- Loss of firearm ownership rights
- A “strike” under California law
California’s Three Strikes Law
Under California’s Three Strikes Law, a felony conviction classified as a “strike” can significantly increase penalties for future offenses. Individuals who accumulate three-strike convictions may face a sentence of life imprisonment.
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Legal Defenses to Penal Code 288 Allegations
An experienced criminal defense attorney can explore multiple defense strategies when a person is accused of lewd acts involving a minor. Common defenses may include demonstrating that:
- The contact was unintentional
- There was no sexual intent
- The accusation is the result of a mistake or a false allegation
Accidental Contact
Intent is a key element of a PC 288 charge. If contact occurred accidentally and was not meant to arouse anyone, the legal requirements for conviction may not be met.
Lack of Sexual Intent
Not all contact with a child’s private areas is unlawful. For example, a parent or caregiver examining a child for a medical concern may touch intimate areas for legitimate, non-sexual reasons. In such cases, the absence of sexual intent is critical.
False or Mistaken Accusations
In some situations, a child may misidentify the person responsible for inappropriate contact. This can occur when the incident involved a stranger or took place in poor lighting or chaotic conditions.
A defense attorney can present evidence to challenge the reliability of the accusation and seek reduced or dismissed charges.
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Civil Lawsuits Related to PC 288 Allegations
In addition to criminal prosecution, individuals accused under Penal Code 288 may also face civil lawsuits. A criminal conviction is not required for a civil claim to be filed. Even if no criminal charges are brought or the defendant is acquitted, a lawsuit may still proceed.
Civil cases have a lower burden of proof than criminal cases. While criminal prosecutors must prove guilt beyond a reasonable doubt, a civil plaintiff only needs to show that the defendant is more likely than not responsible for the alleged conduct.
Legal Help for Penal Code 288 Charges
Penal Code 288 addresses allegations of lewd acts involving children under the age of 14 and is considered a serious sex offense in California.
Silver Law Firm represents individuals facing these charges and works to protect their rights at every stage of the legal process. We know the impact that even an accusation of a sex crime with a child can have.
Contact our firm for a free and confidential case evaluation or submit an inquiry through the online contact form to learn more about your legal options. We provide fierce and compassionate representation to those facing legal charges.
Call or text (510) 995-0000 or complete a Free Case Evaluation form
