Convicted of More Than One Offense if The Act Happened Only Once? (PC 288)
If you have been charged with committing a lewd and lascivious act on a minor it is possible that you can be charged with more than one count of the offense, even if the touching occurred on only occasion. (CALCRIM 1110) According to California Jury Instructions 1110, each individual act that meets the requirements of California Penal Code section 288 is considered a separate offense, even if there was no break in time or hiatus between the two lewd acts on a minor. This means that if during the commission of the offense you touch one part of the victim’s body and then move on to perform a sexual act on another part of the victim’s body, you can be charged with two separate sex crimes.
Prosecution of Lewd Acts on a Minor
According to California Penal Code section 288(a), the prosecutor must prove all of the following to convict you of child molestation:
(1) You willfully touched any part of the victim’s body in a lewd manner, or caused the victim to touch your body or the body of another person in a lewd manner
(2) You committed the lewd act with the intent to arouse or gratify your lust, passions, or sexual desires, or the lust, passions, or sexual desires of the victim; AND
(3) The victim was under the age of 14 when the act occurred
In order for you to be convicted of multiple offenses for lewd acts that occurred on one occasion, the prosecutor must show that each individual act met all of the above elements. For example, if you fondle one area of the victim’s body with the intent to gain sexual arousal, and then move on to have sexual intercourse with the victim, you can be charged with two separate sex offenses.
Punishment for Lewd Acts on a Minor
A conviction of child molestation under California Penal Code section 288(a) is a felony. If you are convicted for committing a lewd and lascivious act upon a child you can be sentenced to up to eight years in state prison. In some cases, the court may find that you are eligible for probation, and may choose to sentence you to probation instead of a prison term. If this is the case, the court will weigh the factors listed under California Rules of Court 4.414 to determine if you should be sentenced to probation. In many instances, the court will impose a jail sentence as one of the conditions of your probation.
In addition to the possibility of a lengthy prison sentence, you will also be required to register as a sex offender for the rest of your life, pursuant to California Penal Code section 290, if you are convicted of child molestation.
If you have been convicted of multiple offenses under California Penal Code section 288, you will be sentenced separately for each individual conviction. Your child molestation defense attorney can explain to you what sentence you face and may also be able to convince the judge that you should be sentenced to probation, rather than to a prison sentence. It is important that you seek an experienced defense attorney to help you if you have been charged with child molestation.
California Sex Crimes Defense Attorney
The attorneys at Wallin & Klarich have over 40 years of experience successfully defending clients accused of child molestation. If you or a loved one is facing charges for child molestation, it is vital that you contact an experienced California sex crimes defense attorney immediately to discuss your case. We understand that charges for child molestation can negatively impact your life both personally and professionally. We are here to help you defend your rights and prevent you from having to serve a lengthy prison sentence. Call Wallin & Klarich today at 877-4-NO-JAIL or 877-466-5245. We have offices located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. We will get through this together.
