Penal Code 288(c) Lewd or Lascivious Acts with a Child Age 14 or 15 is is a serious crime in California. If you have been charged with the crime of lewd and lascivious acts against a minor, or PC 288(a), 288(b)(1), or 288(c)(1), or any sections under PC 289, we invite you to contact our criminal defense attorney in Los Angeles today for a free consultation. Se Habla Español.
What Does The Prosecution Need to Prove To Be Found Guilty of PC 288(c)?
To prove that the defendant is guilty of Penal Code 288(c), the prosecution must prove that:
- The defendant willfully touched any part of a child’s body either on the bare skin or through the clothing; or
- The defendant willfully caused a child to touch (his/her) own body, the defendant’s body, or
- the body of someone else, either on the bare skin or through the clothing;
- The defendant committed the act with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of (himself/herself) or the child;
- The child was (4/15) years old at the time of the act; and
- When the defendant acted, the child was at least 10 years younger than the defendant.
Does The Touching Need To Be in a Lewd Manner?
The touching does not need to be done in a lewd or sexual manner. Someone commits an act willfully when he or she does it willingly or on purpose.
Punishment for Penal Code section 288(c) Conviction
If you are are convicted of Penal Code section 288(c) committing lewd or lascivious acts with a minor aged 14 or 15 can be charged as either a misdemeanor or felony.
What Are The Penalties for a PC 288(c) Misdemeanor Conviction?
If you are are convicted of a misdemeanor Penal Code section 288(c) committing lewd or lascivious acts with a minor aged 14 or 15 the penalties include:
- Up to 12 months in jail
What Are The Penalties for a PC 288(c) Felony Conviction?
If you are are convicted of a felony Penal Code section 288(c) committing lewd or lascivious acts with a minor aged 14 or 15 the penalties include:
- Up to 3 years in jail
In order to determine the prison sentence term, the court will weigh the aggravating and mitigating factors listed in CRC 4.421 and CRC 4.423.
Los Angeles Penal Code 288(c) Defense Attorney
If you are facing a child molestation charge it is imperative to seek and contact an experienced child molestation defense attorney. Los Angeles criminal defense attorney R.J. Manuelian has defended many defendants facing child molestation and child sex charges in Los Angeles, CA. R.J. Manuelian has obtained many acquittals and produced hundreds of positive results for his clients in both State and Federal Court as a result of his experienced, relentless defense and advocacy. Call (213) 248-6784, now for a free confidential criminal defense consultation.