Lewd or Lascivious Act with a Child – Penal Code 288

Sex crimes are one of the most serious offenses that can be committed in California.  Committing a lewd or lascivious act on a minor is one of the most common sex crimes.  Under California Penal Code Section 288, it is a crime for a person to willfully and lewdly commit 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 other words, it is a crime to touch a minor’s body or have the minor touch your body for sexual arousal.

Under California Penal Code Section 288, there are a number of different scenarios on how the crime can be committed along with different penalties.

Under Section 288(a), the general way of committing this crime is by touching a child under the age of 14 years or having the child touch the defendant’s body with the intentions of sexual arousal.  This is a felony and punishable by imprisonment in state prison for up to eight (8) years.

Another way of committing this crime is if the defendant used force or fear to touch a child, under the age of 14 years, with the intent of sexual arousal.  See California Penal Code Section 288(b)(1).  This crime is a felony and punishable by imprisonment in state prison for up to eight (8) years.

Another way of committing a lewd or lascivious act on a child is if the child is 14 or 15 years of age, and the defendant is at least 10 years older than the child.  See California Penal Code Section 288(c).  This crime 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.

Along with the prison term that accompanies a lewd or lascivious act conviction, the defendant must also register as a sex offender.  See California Penal Code Section 290.  This may be the heaviest burden resulting from a conviction of Section 288.  The Sex Offender Registration Act requires the lifetime registration of people convicted of certain sex crimes, including Section 288.  The list of sex offenders is public information.  The public will have access to the information of where you live along with the crime that you have been convicted of.  You can find more information of this requirement by visiting www.wklaw.com and reading our about the Sex Offender Registration Act section.

There are a number of defenses available to a charge of committing a lewd or lascivious act.  Our attorneys will evaluate every single detail of your case and attack any weak evidence that may be used against you.  It is important to know that the child giving you consent is not a valid defense to the charges.

If you or a loved one is facing a charge for committing a lewd or lascivious act, it is important that you speak with an experienced sex crimes attorney.  At Wallin & Klarich, our attorneys have over 30 years of experience in handling sex crimes cases.  We have handled hundreds of sex crimes cases.  We have been representing the California Teachers’ Association for over 20 years.  We apply an aggressive defense with quality representation on a personal level.  Call us today at (888) 749-0034 or contact us on our website at www.wklaw.com.  We will be there when you call.