Consequences of Continuous Sexual Abuse of a Child in Ventura County (PC 288.5)
Many people, including lawmakers, consider sexual abuse of a child the most serious crime a person can commit. “Child molestation” is often thought of as worse than murder due to the lifelong psychological trauma a child may suffer as a result of the abuse he or she may have suffered.
Law enforcement personnel throughout California take a particularly harsh position when it comes to people suspected of committing lewd acts with a minor. If you are arrested on continuous sexual abuse of a child charges, your age, the age of the child, the nature of the alleged sexual conduct involved and/or any evidence of repeated sexual abuse are all factors that will be considered in how your case is prosecuted and the penalties you may face.
What is Lewd and Lascivious Conduct With a Child?
California Penal Code Section 288 prohibits any lewd or lascivious act with a child under 14 years old with the intent to arouse, appeal to or gratify the lust, passions, or sexual desires of the offender or victim (PC 288(a).).
The required element in lewd and lascivious conduct is that your specific intent was to fulfill a sexual purpose. Bathing and spanking a child, or touching intimate body parts, is not criminal provided that sexual gratification was not intended.
Using force or fear of immediate or future harm to the victim or someone else to commit lewd acts with a minor is an additional element and carries increased penalties (PC 288(b).).
An adult 10 years or older than a 14 or 15 year old minor who commits a lewd and lascivious act on a minor is subject to lesser penalties. (PC 288 (c).).
Penal Code Section 288.7 is the more serious charge of an adult (18 years or older) who either engages in sexual intercourse or sodomy, or oral copulation or sexual penetration (use of a foreign object) with a child who is under 10 years old.
What is Continuous Sexual Abuse Of a Minor?
Pursuant to Penal Code Section 288.5, “continuous sexual abuse of a child” under the age of 14 can be charged depending on whether you:
• Reside in the same home as the child; or
• Have reoccurring access to the child;
AND
• You engage in three or more acts of substantial sexual conduct with the child; and
• Sexual conduct occurs over a three month period or more.
Penal Code Section 1203.066 defines “substantial sexual conduct” as “penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object, oral copulation, or masturbation of either the victim or the offender.”
Additionally, if continuous sexual abuse of a child occurs upon more than one victim, you may be charged separately under California law for each child you sexually abused.
Consequences Of a Child Molestation Conviction
Lewd and lascivious conduct crimes involving children are always charged as a felony, with one exception.
The exception is PC 288(c), which includes lewd conduct involving a 14 or 15 year old victim by an adult offender at least 10 years older. This is a “wobbler” offense – meaning you may be prosecuted for either a misdemeanor or a felony violation, depending on the facts of the case and your criminal background. A misdemeanor conviction of PC 288(c) is punishable by up to one year in jail. A felony conviction carries up to three years in prison.
The remaining crimes are considered “strikes,” meaning they are violent felonies. A strike means you will have to serve a minimum of 85 percent of your sentence if you are sent to prison. If you are ineligible for probation, you will be sentenced to prison upon a conviction as follows:
• Three, six or eight years for lewd and lascivious conduct with a minor under the age of 14 (PC 288(a).);
• 5, 8, or 10 years if the lewd conduct was committed using force or fear (PC 288(b).);
• 6, 12, or 16 years for continuous sexual abuse of a minor under the age of 14 (PC 288.5);
• 15 years to life for oral copulation or sexual penetration of a child under the age of 10 (PC 288.7(b).);
• 25 years to life for sexual intercourse or sodomy of a child under the age of 10 (PC 288.7(a).)
A conviction of any of these sex crimes requires mandatory lifetime sex offender registration under California’s Sex Offender Registration Act (“SORA”) pursuant to Section 290.
A Recent Example Involving Continuous Sexual Abuse of a Child
On December 29, 2013, Francisco Hernandez, a 40 year old illegal immigrant from Ventura County, was arrested on charges of repeated sexual abuse of an 8-year old girl. If he is found guilty, he faces 16 years or more in prison, depending on the charges that are filed against him.
He also faces deportation based on his undocumented status and the violent nature of the crime(s) of which he has been charged.
Contact Wallin & Klarich Immediately if You Are Facing Child Sexual Abuse Allegations
If you or someone you know has been charged with sexually abusing a child, immediately contact an experienced criminal defense attorney at Wallin & Klarich. At Wallin & Klarich, our attorneys have over 40 years of experience successfully defending our clients charged with serious sex offenses.
We can help you avoid the most serious consequences of a child sex abuse conviction, such as a lengthy prison sentence and lifetime sex offender registration. If every element of the crime cannot be proven beyond a reasonable doubt, we will argue that the charges against you must be dismissed.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, our skilled criminal defense attorneys at Wallin & Klarich will aggressively defend you against the life-altering consequences of a child molestation conviction. Our attorneys are available 24 hours a day, 7 days a week to make certain all of your rights are protected. We will fight to get you the best possible result in your case.
Call us today at (877) 4-NO-JAIL (877-466-5245) for a free telephone consultation. We will get through this together.
