The offense of lewd acts with a minor is defined and charged under Penal Code (PC) 288. Since it is imperative to protect our children from sexual exploitation and abuse, prosecutors and judges treat sex offenses against children seriously.

Aside from attracting lengthy jail terms and fines, a conviction under this statute could lead to inclusion in the sex offender registry, affecting the quality of your life after serving your sentence. If you are under investigation or have a pending PC 288 charge, contacting an experienced defense attorney is very important.

At California Criminal Lawyer Group, we offer outstanding legal representation and will dedicate our time to helping you win the alleged charge or obtain the best possible outcome. We strongly believe the best way to challenge these allegations is early intervention by a skilled defense attorney.

Do not hesitate to contact us immediately if you are arrested or charged with a PC 288 violation in Bakersfield.

Lewd Acts With a Minor Offense at a Glance

Also commonly referred to as child molestation, the offense of lewd acts with a minor is defined as the unlawful touching of a child for sexual gratification or arousal. Technically, this offense is chargeable if the victim is sixteen (16) years old or younger. However, because violations under this law involve children aged below 14 years, this offense is commonly referred to as:

  • Lewd or lascivious acts with a minor under 14.
  • Lewd or lascivious acts with a child under 14.
  • Act lascivious or lewd conduct.

Here are a few examples of acts that could attract PC 288 charges:

  • Leila kisses the inner thighs of a child she is babysitting.
  • Kenneth places his palm on the thighs of his 7-year-old niece.
  • Michael, an 8th-grade teacher, touches the breast of his student through her clothes.

What to Remember When Charged With a PC 288 Violation

While being under arrest for a sex-related crime against a minor can be stressful and worrying, you have options. If you are under arrest as a suspect in a crime involving lewd or lascivious acts with a minor, you should remember your legal rights, including:

  • The right to humane treatment.
  • The right to hire a personal attorney.
  • The right to remain silent.
  • The right to a speedy.
  • The right to have a public defender represent your best interest in court if you are indigent.

While it could be tempting to justify yourself to the arresting officers, it is wise to remain silent because they are not your friends and could use anything you say against you.

Bail Eligibility After an Arrest for a PC 288 Violation

Generally speaking, the criminal legal process begins with an arrest. Upon your arrest as a suspect in a case involving lewd acts with a child, the arresting police officer will hold you in jail until you post bail.

Several crimes could make you ineligible for bail upon an arrest, but a PC 288 violation is not one of them. If you are under arrest as a suspect in a criminal case involving lewd acts with a child, you can secure your freedom pending your case trial by posting bail. However, you have to go through the booking process, where the booking officer in charge will:

  • Take your mugshots and fingerprints.
  • Record your names and the allegations you are up against.
  • Confiscate your items, including watches and clothes.
  • Thoroughly search your person for contraband and illegal goods like drugs.

Bail is the money you pay to the court as an assurance that you will abide by the terms of your release, particularly by showing up for your scheduled hearings to challenge the allegations you are up against. When you appear at all your court-set hearings as required, the judge will exonerate your bail, meaning you will get your money back.

During your bail hearing, which occurs within forty-eight hours after an arrest, the judge presiding over your case will consider the following factors when determining your eligibility for a release from jail on bail:

  • Your criminal record.
  • Whether you are a flight risk.
  • The facts of your unique case.
  • Your conduct or behavior in court.
  • Your attorneys' mitigating arguments.

If you are an excellent candidate for bail, the court will set your case's bail amount, which you can post using:

  • Cash bail.
  • Property bond.
  • Bail bond.

Since many defendants or arrestees have no money or equivalent property to post bail, most opt to obtain a bail bond. Fortunately, obtaining a bail bond will not take more than thirty minutes. However, once you receive a bail bond, it could take thirty minutes to four hours to obtain your freedom, depending on how busy the jail is and the paperwork needed.

The bondsman or bail bond agent will post the court-set bail on your behalf in exchange for a non-refundable premium (typically 10% of your bail amount).

Facts the Prosecutor Must Prove to Obtain a Conviction Against You at Trial

To be guilty of lewd acts on a child, the prosecutor must prove the following elements of the crime beyond a reasonable doubt:

  • You willfully touched any part of a child's body or caused him/her to touch his/her body, your body, or someone else's.
  • The touching was through the child's clothes or bare skin.
  • You did so with the intent of sexually gratifying or arousing yourself, the child, or another person.
  • The child was aged 14 years or younger at the time of the offense.

For the sake of PC 288, the term willfully means that you acted willingly and on purpose. It is worth noting that even if you did not achieve sexual gratification or arousal, the prosecutor could secure a conviction against you under this statute if he/she can prove you had the intent to satisfy your sexual desires.

If the prosecutor proves these facts beyond a reasonable doubt using clear evidence, there is a high chance the court will convict you for a PC 288 violation. You can protect your best interests and increase your odds of obtaining a desirable outcome by retaining the services of a skilled defense attorney.

How the Prosecutor Will Prove Your Sexual Intent for a Conviction Under PC 288

Intent is the most substantial element of the crime, and proving it could be challenging for the prosecutor. Ultimately, whether you had the intent to sexually gratify or arouse yourself, the child, or another person is a matter of fact for the judge to decide, considering all the facts and circumstances of the case.

Some of the facts the judge or jury will consider when determining whether you had the required intent for a conviction under PC 288 include:

  • The nature of the alleged touching.
  • The context in which the unlawful touching occurred.
  • Whether you and the accuser know each other.
  • Whether there are other innocent explanations.

Penalties You Will Receive Upon a Conviction Under PC 288

Unfortunately, if you are guilty of a PC 288 violation, your case will proceed to the sentencing phase of the legal justice system, where the court will decide the suitable and fair sentence for your offense.

During the sentencing hearing, the judge presiding over your case will listen to the prosecutor's aggravating arguments and your attorney's mitigating arguments to decide a fair sentence for your conviction. Ultimately, your sentence for a conviction under PC 288 will depend on the following factors:

  • The child's age.
  • Whether you used threat or force to accomplish your motive.
  • Your criminal record.

Here is a closer and more detailed look at each of these potential scenarios and the potential legal penalties you should expect upon a PC 288 violation conviction:

Child Under Fourteen (14) Years

If the minor in question was under fourteen when the offense occurred, you should expect felony penalties upon conviction. Some of these penalties include:

  • A fine not exceeding $10,000.
  • Three (3) six (6) or eight (8) years of jail time.
  • Felony probation.

Lewd Acts Involving Threat or Force Against a Minor

You violate PC 288(b)(1) if you commit lewd acts against a child using threat, coercion, violence, or force. Potential penalties you could receive for a conviction under this statute include:

  • Five (5), eight (8), or ten (10) years of jail time.
  • A fine not exceeding $10,000.

Unfortunately, due to the nature of this offense, you will be ineligible for probation upon a PC 288(b)(1) violation conviction, meaning you must serve your sentence behind bars for the required period.

Lewd Acts Resulting in Physical Injury or Harm to Someone Under 14

Your penalties for a PC 288 violation conviction will be harsher if your lewd acts lead to the bodily injury of a person aged 14 years and below. If you inflicted bodily injury or injuries on a minor under 14, your sentence upon a conviction under PC 288(i) could include up to life behind bars.

The Minor Was Fourteen or Fifteen

According to PC 288(c)(1), it is an offense to commit a lascivious act with a child aged fourteen or fifteen if the defendant was at least ten years older when the offense occurred. A PC 288(c)(i) charge could attract felony or misdemeanor penalties because it is a wobbler. Whether the prosecutor will file your case as a felony or wobbler depends on your specific facts.

A felony PC 288(c)(1) violation conviction could attract up to three (3) years of jail time or felony probation and not more than one year of detention in the county jail. However, if the prosecutor files your offense as a misdemeanor, your penalties upon conviction could include up to one (1) year of jail time.

It is Your Second or Subsequent PC 288 Violation Conviction

In addition to facing PC 288 charges, the prosecutor could file a charge against you under PC 667.71(b) if you have a past sex-related crime conviction. In this case, you could face up to 25 years in jail upon conviction for being a habitual offender.

Other Consequences of a PC 288 Violation Conviction

Aside from the hefty fines and imprisonment, a PC 288 violation conviction could attract other detrimental consequences, including:

  • Inclusion in the sex offender registry.
  • Pay the victim's restitution for any loss he/she has experienced or will likely incur in the future, including medical and psychological treatment.
  • Possible suspension or revocation of your professional license.
  • A permanent criminal record.
  • Deportation if you are a non-citizen.

Best Defenses to Challenge a PC 288 Charge

Fortunately, there are several defenses a skilled attorney can use to challenge a PC 288 charge for the best possible outcome. Since every case is unique, your attorney must investigate your case and interview eyewitnesses, if any, to build defenses to help you secure a desirable outcome.

Some of the common and viable defenses that could work to your advantage to obtain a desirable outcome include (but are not limited to) the following:

The Minor is Lying

The child's credibility often makes the prosecutor's case against you strong. When determining whether the minor is truthful, your attorney can do the following:

  • Subpoena the accuser's social networking platforms, counseling, medical records, and school.
  • Conduct a thorough criminal background check on the accuser.
  • Interview the child's online teachers, schoolmates, friends and family.

You are a Victim of a Mistaken Identity

It could be true that someone touched the child inappropriately, but he/she is confused or unsure of the identity of the actual perpetrator. That would be possible if any of the following facts were true:

  • You are unknown or unfamiliar to the minor.
  • The perpetrator had a different ethnic or racial background.
  • The touching occurred in an unfamiliar or dark place.
  • The minor was young.

A skilled defense attorney will keenly and thoroughly assess and investigate the particulars of your case to find facts and evidence that can help prove you are a victim of mistaken identity, meaning you did not commit the crime.

The Touching Was a Mistake or Accidental

Recall that for a PC 288 violation conviction, the prosecutor must prove that the touching was intentional and willful. The court cannot convict you for a PC 288 violation if the touching was accidental.

You Had No Criminal Intent to Gratify or Arouse Yourself, the Child, or Another Person

PC 288 only makes it a crime to contact or touch a minor to sexually gratify or arouse yourself, the child, or another person. If you had no criminal intent to gratify or arouse yourself, the child, or another person, you cannot be guilty of a PC 288 violation.

The Child Does Meet the Offense’s Age Requirement

Generally speaking, PC 288 prohibits two forms of child molestation, including:

  • Engaging in lewd acts with a minor under 14.
  • Engaging in lewd acts with a minor aged 14 or 15 years when you are ten years older than him/her.

That means you would be guilty of a PC 288 violation if:

  • The child is 14 or 16 and less than ten (10) years younger than you.
  • The child is older than fifteen years.

If the child's age makes it impossible to obtain a conviction against you under PC 288, the prosecutor could file other charges against you, including:

  • Statutory rape under PC 261.
  • Sexual battery under PC 243.4.

You are a Victim of Police Misconduct

The issue of police misconduct is not uncommon in sex-related crimes. If the arresting officers illegally obtained any evidence from you without a search warrant, your attorney can convince the judge to drop that evidence. That means the prosecutor cannot use it to obtain a conviction against you for a PC 288 violation. Other ways the arresting officers can violate your constitutional rights include:

  • Entrapment.
  • Coerced confession.
  • Planting evidence.

You are a Victim of False Allegations

A PC 288 violation is a crime ripe for false allegations because it does not have any physical evidence, and the prosecutor will rely on statements from the victim to obtain a conviction against you. That means, even if the accuser is lying, the prosecutor could use his/her statements to obtain a conviction against you.

Fortunately, if you have a skilled attorney, he/she could argue that you are a victim of false allegations and that you did not commit lascivious acts with a child to obtain the best possible results. The belief that children cannot lie about sexual abuse is unfactual and untrue. Sometimes, children are confused or coerced into accusing you of committing a crime you did not commit or are unaware of.

The specific defense arguments the prosecutor will raise to challenge the allegations you are up against will depend on the facts and circumstances of your unique case. However, with proper arguments backed up with convincing evidence, these defenses could work in your favor to obtain a desirable outcome.

Offenses Related to a PC 288 Charge

Offenses related to a PC 288 charge are those with similar or related elements of the crime that the prosecutor must prove to obtain a conviction against you. Some of these crimes include (but are not limited to) the following:

Sending Harmful Material to Seduce a Minor

You violate PC 288.2 when you willingly and knowingly email or send sexually explicit content to a minor with the intent to arouse him/her or yourself. For instance, you could be guilty of a PC 288.2 violation when you email a child aged 12 a nude photo of yourself.

Depending on the facts and particulars of your case, the prosecutor can file a PC 288.2 charge as a felony or misdemeanor. Unlike a misdemeanor charge, a felony charge could attract lengthy jail time and steep fines.

Arranging a Meet-up With a Minor for Lewd or Lascivious Purposes

According to PC 288.4, it is illegal to arrange a meeting with someone you believe is under 18 for lewd or lascivious purposes. Since it is a wobbler, a conviction under this statute can attract misdemeanor or felony penalties.

Continuous Sexual Assault of a Minor

According to PC 288.5, you commit the offense of continuous sexual assault of a minor when you engage in three or more acts of lascivious or lewd conduct for three months or longer with a child under fourteen years of age.

If you are guilty of a PC 288.5 violation, your sentence could include up to sixteen years of jail time and hefty fines.

Sex With a Child Under 10

You violate PC 288.7 when you engage in sexual intercourse, sodomy, or oral copulation with a child under ten years of age. For instance, a 37-year-old woman having sexual intercourse with a nine-year-old child could attract charges under this statute. If you are guilty of a PC 288.7 violation, your sentence could include up to life in prison.

Oral Copulation With a Minor

PC 287 makes it a crime to engage in oral copulation with someone under the age of 18 (minor). For the sake of this law, oral copulation is any contact between the vagina, penis, anus, or breasts of one person and the mouth of another. The potential penalty you will receive upon a conviction for a PC 287 violation will depend on the following factors:

  • The child's age.
  • Whether you accomplished the act by force.
  • The difference between your age and the child's age.

Since it is a felony, a PC 287 violation conviction could attract up to eight (8) years of jail.

Child Pornography

Child pornography is another sex crime against children that could attract severe penalties upon conviction. You commit this crime when you transport, possess, send, print, advertise, or duplicate child pornography or hire minors to play cast roles in pornographic content or images.

If you are guilty of child pornography under PC 311, you could face misdemeanor or felony penalties because it is a wobbler offense. A felony PC 311 violation conviction will carry the following punishment:

  • Up to three (3) years of jail time.
  • A fine not exceeding $10,000.

However, if the facts of your case make it a misdemeanor, your sentence upon conviction could include a fine not exceeding $2,500 and up to one (1) year of jail time.

Find a Criminal Defense Attorney Near Me

The belief that children cannot lie about sexual abuse is untrue. Sometimes, children could be coerced, vindictive, or coerced. In such cases, your freedom and future could be at risk. However, you could stand a chance of winning the case or obtaining a favorable outcome by retaining the services of a skilled defense attorney.

We invite you to contact our reliable defense attorneys at California Criminal Lawyer Group at 661-750-8230 if you are under investigation or charged with a PC 288 violation in Bakersfield. We understand the seriousness of this offense in the eyes of the law and will strive to convince the court to drop or reduce your charges to a less severe offense.