CATEGORY: ‘lewd and lascivious acts’

What is a lewd and lascivious act on a child? – California Penal Code Section 288

Wednesday, November 14th, 2012

In California, it is a crime for any person to commit a lewd act on a child.  Specifically, Penal Code Section 288 prohibits a person from willfully committing any lewd or lascivious act upon or with the body of a minor with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child.  In simple English, this means a person may be criminally charged for touching the body of a minor child if it was done for sexual arousal or sexual gratification.

Lewd and lascivious acts on a child PC 288

Lewd and lascivious acts on a child Defense Lawyers 888-749-0034

If  you are found guilty of a violation of Penal Code section 288, then you can be required to register as a sex offender for life under Penal Code section 290.  This means that when you are facing a charge of committing a lewd and lascivious act on a child, it is imperative that you contact an experienced sex crimes defense attorney.  By doing so, the attorney can raise a number of defenses to fight your criminal charge.

For example, two defenses are that the touching was accidental or there was no touching at all.  Since the law only punishes willful touching, any evidence to show that there was no touching or that the touching was accidental will likely result in a dismissal of charges.  In addition, the defendant must have committed the act with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of (himself/herself) or the child.  In other words, if the touching occurred for any other reason other than for sexual arousal than there is no lewd or lascivious act.  However, a child giving consent to be touched, is never a defense

If you are a loved one is charged with committing a lewd and lascivious act on a child, it is very important for you to speak with the experienced defense attorneys at Wallin & Klarich.  The consequences of being convicted of lewd or lascivious acts can involve a lengthy jail sentence. Wallin & Klarich has over 30 years of experience defending clients accused of sex crimes.  Call us at (888) 749-0034 to learn more about your legal rights. With offices throughout the Los Angeles, San Bernardino, Riverside, Ventura, San Diego and Orange Counties, we will be there when you call.

Paul J. Wallin Defends CA Teacher Robert Bryan Currently Accused of Unlawful Conduct with Student

Tuesday, August 14th, 2012

Orange County leading sex crimes defense lawyer, Paul J. Wallin, defends CA school teacher, Mr. Robert Bryan, against accusations for lewd conduct with minor [PC 288(A)], as well as of child molestation and/or annoyance [PC 647.6]. The criminal defense law firm of Wallin & Klarich has represented Southern California teachers falsely accused of inappropriate conduct [...]

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Orange County Hockey Mom will NOT Face Prison Sentence and will NOT Have to Register as a Sex Offender

Friday, August 10th, 2012

On August 9, 2012 a verdict was reached by the jury regarding Wallin & Klarich’s client – the California “hockey mom” who was accused of lewd acts with minors in Orange County pursuant to Penal Code Section 288, as well as Penal Code Section 647.6. The District Attorney did all she could to attempt to [...]

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Wallin & Klarich Fights for Client in Molestation Case in Orange County (PC 288)

Wednesday, August 1st, 2012

A hockey mom in Orange County is currently being accused of lewd and lascivious conduct with two minors (PC 288) that were part of her son’s hockey team. David Cohn, partner at Wallin & Klarich, is currently engaged in trial representing this client against the charges she’s facing. Mr. Cohn correctly pointed out that “it [...]

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The Los Angeles Unified School District Faces 3rd Lawsuit over Alleged Child Sexual Abuse (PC 288)

Monday, July 23rd, 2012

The Los Angeles Unified School District faces 3rd lawsuit due to the district’s failure to report suspected “child sexual abuse (PC 288)“. According to the law suit, there are student complaints regarding – former LA elementary school teacher – Mr. Mark Berndt’s inappropriate behavior with students that date back to ten years ago. If in [...]

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Riverside County Teacher Arrested for Sex with an Underage Student

Tuesday, July 10th, 2012

This is the type of criminal case that the Riverside sex abuse attorneys at Wallin & Klarich have successfully defended for over 30 years. A Hemet High School teacher was recently arrested on suspicion of having sex with a student on campus. Hemet Unified School District officials notified Riverside County sheriff’s deputies that a teacher [...]

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Wallin and Klarich Saves Another Innocent Man’s Freedom

Friday, March 23rd, 2012

On Monday, March 19, 2012, a Los Angeles County 68-year old grandfather was freed of felony charges of lewd and lascivious acts against his grandchild, who was 3 years old at the time of the allegation. The defendant was alleged to have had the young child touch and masturbate his penis at their residence, a [...]

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High School Counselor Arrested On Child Pornography and Lewd Acts Charges

Thursday, March 22nd, 2012

A high school drug counselor in Salinas, CA has been arrested for allegedly videotaping students engaging in sexual activity and for possessing child pornography. His sex crimes attorney refused to comment on specifics of the case, but an initial investigation by local police reveals some of the details. According to reports, 34-year-old Gilbert Olivares was [...]

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Los Angeles Teacher in Child Molestation Scandal Was Subject of Investigation in 1994

Saturday, February 4th, 2012

As you may have read on our sister blog, details have started to emerge in the case against the Los Angeles elementary school teacher charged with 23 counts of lewd and lascivious acts of a minor. This morning, more shocking information has surfaced. In 1994, Mark Berndt, the teacher involved in the allegations, was investigated [...]

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Wallin and Klarich Client Found Not Guilty of Child Molestation (PC 288) in San Bernardino County

Wednesday, September 28th, 2011

On Monday, September 26th, a husband and father of two in San Bernardino County was acquitted of felony acts of lewd and lascivious acts with a minor under 14 years of age. The defendant was accused of sexually touching a female friend of his young daughter who often frequented his home. The 12-member jury, after [...]

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