California Penal Code 288 states that it is illegal for you to engage in any lewd or lascivious act with a minor. A charge for lewd and lascivious acts with a minor is also commonly referred to as “child molestation“.
Elements of Penal Code 288(a)
In order for the prosecution to successfully convict a defendants of Penal Code 288(a), the prosecution must prove beyond a reasonable doubt that:
- The defendant willfully and lewdly touched any body part of a child under 14 years old, or caused the child to touch the defendant’s body or someone else’s;
- The defendant acted with the intent of arousing, appealing to, or gratifying the sexual desires of the defendant or the child; and
- The child was under the age of 14 at the time of the offense.
Penalties for Penal Code 288(a) Felony Conviction
California Penal Code section 288 (a) is charged as a felony. If convicted of lascivious acts with a child pursuant to 288(a) PC you may face the following penalties:
- imprisonment in the state prison for three, six, or eight years.
In some cases a defendants may be convicted of PC 288(a) may be eligible for probation.
Penal Code section 288(b) Lewd or Lascivious Act with a Minor by Use of Force, Threat, or Duress
If convicted of using force, threat, or duress to commit a lewd or lascivious act with a minor, the sentence is even more severe under California Penal Code section 288(b), the crime will be charged as a felony.
Penalties for Felony Penal Code 288(b) Conviction
A conviction of California Penal Code Section 288(b) is punished by:
- Imprisonment in the state prison for five, eight, or ten years.
Los Angeles Criminal Defense Attorney
Our skilled Los Angeles Criminal Defense attorneys have expertise when it comes handling charges related to sex offenses, including lewd and lascivious acts with a minor and have the skill to provide an aggressive defense. Call (213) 401-2777 now for a free consultation.