Lewd or Lascivious Act on Child under 14 years – California Penal Code Section 288(a)
Under Section 288(a), a person who commits a lewd or lascivious act on a child, who is under the age of 14 years with the intent of sexual arousal, will receive a felony and be punished by imprisonment in state prison for three (3), six (6), or eight (8) years.  The court may also impose a fine of up to ten thousand dollars ($10,000).  See California Penal Code Section 288(e).

Lewd or Lascivious Act on Child under 14 years by Force or Fear – California Penal Code Section 288(b)
It is also a crime to commit the lewd or lascivious acts with the use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim.  See California Penal Code Section 288(b).  This crime is a felony and is punishable by imprisonment in state prison for three (3), six (6), or eight (8) years.  The court may also impose a fine of up to ten thousand dollars ($10,000).  See California Penal Code Section 288(e).

Lewd or Lascivious Act when 10 years older than Child – California Penal Code Section 288(c)
If the victim is a child that is 14 or 15 years of age, and you are at least 10 years older than the child, committing a lewd or lascivious act is considered a “wobbler.”  This means that the prosecution has discretion on whether to charge the crime as a felony or a misdemeanor.  A felony conviction is punishable by imprisonment in state prison for up to three (3) years.  A misdemeanor conviction is punishable by imprisonment in county jail for up to one (1) year.  See California Penal Code Section 288(c).

Sex Offender Registration Act
California Penal Code Section 290 requires people who are convicted of certain sex crimes to register as a sex offender.  This registration includes a conviction of committing a lewd or lascivious act on a minor under Section 288.  The Sex Offender Registration Act (“the Act”) will require you to register as a sex offender as long as you live in California or are working in California.  This requirement to register may be the heaviest burden resulting from a conviction under Section 288.  You must register in the city or county you are living in with your home address.  Your address is then posted on the sex offender’s website and it can be viewed by anyone.  There is a way to remove your name from the list of sex offenders.  You may seek Exclusion from Internet Disclosure, (which only removes you from the website but still requires registration)  or you must obtain a Certificate of Rehabilitation and a Governor’s Pardon.  For more information, please visit www.wklaw.com and read our Sex Offender Registration Act section.  You can also speak with us directly at (888) 749-0034.  We have over 30 years of experience in handling sex crimes, and we will be there when you call.