California Penal Code Section 288: Defense Against Lewd or Lascivious Acts Charges
In California, a lewd or lascivious act is defined by the California Penal Code, specifically under Section 288[2]. This law prohibits any person from willfully committing a lewd or lascivious act upon a child who is under the age of 14 years.
A “lewd or lascivious act” can include any act that involves touching a child’s body while having the intention of arousing the sexual desires of either the adult perpetrator or the child. California cases have applied the dictionary definition of the word “lewd” as meaning obscene, vulgar, sexually unchaste, or licentious[1]. The statute itself states that a lewd act is one that is done “with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires” of the persons involved[2].
The touching can be either on the bare skin or through the clothing. This includes various inappropriate or sexual acts such as touching genitals, breasts, buttocks, or any other area of a child’s body if done with sexual intent. For example, if an adult kisses the child’s neck with a sexual purpose, that is a violation even though the neck is not a sexual organ or otherwise “private” part. Another example could be rubbing the lower back through the clothes if also done with a sexual purpose.
The law can also be violated if the child touches the adult or the adult has the child touch themselves. The touching must be willful or on purpose. If the touching is accidental, it was not done with the required mental state or intention of appealing to the lust, passions, or sexual desires of the persons involved. Circumstantial evidence is often used to prove the mental state of the adult perpetrator[3].
Under California law, consent of the child is not a defense to charges of lewd or lascivious acts, as minors under the age of 14 are legally unable to consent to sexual acts. Furthermore, an honest but mistaken belief about the child’s age is not a defense. For example, if a child under 14 years old lies about their age and engages in consensual sexual activity with an adult, the adult would still be criminally liable.
Punishment for violating Penal Code, Section 288[2], usually results in imprisonment in state prison. There is a presumption that a person convicted of this crime will not get probation unless a psychological report is prepared that indicates the person is not a high risk for reoffending. Penal Code, Section 288[2] is also a violent felony, or a “strike” under the three strikes law. A conviction will also result in mandatory registration as a sex offender for at least 20 years.
The penalties for committing lewd or lascivious acts with a child can vary depending on the circumstances and severity of the offense. Still, they generally include imprisonment and registration as a sex offender upon conviction.
If you or someone you know is facing charges under Section 288, it is crucial to seek the assistance of an experienced criminal defense attorney. An experienced sex crime lawyer in California can provide the necessary legal defense to navigate these serious charges.
Additional Information for California Penal Code 288 Defense
Understanding Penal Code 288
California Penal Code 288 specifically targets acts that involve inappropriate or sexual behavior towards minors under the age of 14. If you need a California Penal Code 288 defense attorney, it is essential to understand the charges and potential defenses.
Legal Defense for Child Molestation Charges
If you are accused of child molestation under Penal Code 288, seeking a child molestation defense lawyer in CA is critical. These lawyers specialize in defending against charges that involve lewd or lascivious acts with minors.
Expertise of a Sex Crime Lawyer
A sex crime lawyer in California can provide the expertise needed to defend against accusations of lewd acts. They understand the complexities of these charges and can develop a strong defense strategy.
Representation for Lewd Acts Charges
When facing charges for lewd acts, having an attorney for lewd acts charges ensures that your case is handled by someone experienced in such legal matters. This can make a significant difference in the outcome of your case.
Experienced Attorneys Make a Difference
An experienced sex crime attorney in California brings the knowledge and skill necessary to navigate these challenging cases. Their experience can provide a more robust defense and potentially mitigate the consequences.
Legal Support for Lewd Acts with a Minor
Facing charges for lewd acts with a minor is serious. A lawyer for lewd acts with a minor can provide the legal support and defense required to challenge these allegations effectively.
Penal Code 288 Charges
If you are charged under Penal Code 288, finding a Penal Code 288 charges lawyer who specializes in these cases is crucial. They will understand the specific legal requirements and defenses applicable to your case.
Defending Against Child Sex Crime Charges
A California child sex crime defense attorney can offer the specialized defense needed for charges involving minors. Their expertise is vital in handling these sensitive and serious allegations.
Choosing the Best Defense Attorney
When selecting legal representation, it is important to choose the best criminal defense attorney for lewd acts. This ensures that you have the most capable and experienced lawyer on your side.
Footnotes:
FAQ for Lewd or Lascivious Acts under California Penal Code Section 288
A lewd or lascivious act is defined by California Penal Code Section 288. It prohibits any person from willfully committing a lewd or lascivious act upon a child under the age of 14 years with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the perpetrator or the child.
A lewd or lascivious act can include any act involving the touching of a child’s body with the intention of sexual arousal. This includes touching through clothing or on bare skin and can involve various inappropriate or sexual acts, such as touching genitals, breasts, buttocks, or any other part of a child’s body with sexual intent.
Yes, a lewd act can include non-sexual parts of the body if done with sexual intent. For example, kissing a child’s neck or rubbing their lower back with a sexual purpose is considered a lewd act.
No, the consent of the child is not a defense under California law. Minors under the age of 14 are legally unable to consent to sexual acts.
An honest but mistaken belief about the age of the child is not a defense. Even if a child lies about their age, the adult can still be held criminally liable if the child is under 14 years old.
The penalties typically include imprisonment in the state prison, mandatory registration as a sex offender for at least 20 years, and being classified as a violent felon under the three strikes law. Probation is unlikely unless a psychological report indicates the person is not a high risk for reoffending.
No, the touching must be willful or on purpose. Accidental touching does not meet the required mental state for a lewd act as defined by the law.
Circumstantial evidence can be used to prove the mental state of the adult perpetrator, demonstrating the intent to arouse, appeal to, or gratify sexual desires.
It is crucial to seek the assistance of an experienced criminal defense attorney. An experienced sex crime lawyer in California can provide the necessary legal defense to navigate these serious charges.
A California Penal Code 288 defense attorney can analyze your case, develop a defense strategy, and represent you in court to ensure the best possible outcome
A child molestation defense lawyer in CA has specific expertise in handling cases involving lewd or lascivious acts, providing the best chance to defend against these serious charges.
Their experience in similar cases allows them to understand the nuances of the law and develop effective defense strategies.
Researching and consulting with multiple attorneys will help you find the best criminal defense attorney for lewd acts, ensuring you have the most capable representation.