What Are Lewd & Lascivious Acts With a Minor?

A lewd and lascivious act is motivated by an unnatural sexual interest in minors “with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child.” The Irvine prosecution can charge you with this crime even for seemingly innocent conduct, such as hugging or holding a child.

If convicted, you can face jail time and registration with the California Sex Offender Registry. Because of these hefty consequences, you must prepare for a legal battle with the strongest possible defense to avoid the devastation of conviction. Contact our Irvine sex crime lawyers at Wallin & Klarich without delay if you or a loved one are charged with lewd acts in Irvine.

Our 40+ years of experience gives us a unique advantage over other defense firms. We have unparalleled knowledge of the local court system and specialize in Irvine sex crime defense. Our skilled attorneys are prepared to fight for you! Contact Wallin & Klarich today to receive your free legal consultation!

Lewd Acts With a Minor Charges in Irvine

When a sex crime involves a child, the prosecution goes to great lengths for a conviction. However, when you hire Wallin & Klarich, you’ll have a defense team with as much passion and intensity as the state. We’ve outlined the elements of the crime, so you can understand what the prosecution must prove for a conviction of lewd acts with a minor in Irvine. 

Lewd & Lascivious Acts Involving a Child Under 14 Years Old PC 288(a)

The Irvine prosecutor needs to prove the following elements for a conviction of lewd or lascivious acts with a minor under 14 years old:

  • You touched the child or made them touch you or another person. 
  • You wanted to arouse, appeal to, or gratify your sexual desires or the child. 
  • The alleged victim was younger than 14 at the time of the alleged incident. 

Lewd & Lascivious Acts With the Use of Violence, Threats, Physical Force, or Fear

Under Penal Code 288(b), the prosecution must prove that you committed lewd or lascivious acts by using threats, violence, force, or fear.

Lewd & Lascivious Acts With a Minor 14 or 15 Years Old

Under PC 28(c), the Irvine prosecutor could convict you of lewd acts with a 14 or 15-year-old if they can prove the following:

  • The alleged victim was 14 or 15 years old at the time of the incident.
  • You were at least ten years older than the victim.
  • You touched the child or made them touch you or someone else.
  • You tried to arouse, appeal to, or gratify your sexual desires or the child.

Lewd Acts With a Minor | Consequences of Conviction

A conviction for lewd acts with a minor in Irvine carries life-altering consequences including time behind bars and sex offender registration. In most cases, the prosecutor will seek felony convictions for lewd acts. Although misdemeanor charges are possible, they’re not very likely without the help of a skilled sex crimes defense attorney. In addition to this, you may also face a strike on your record for lewd acts according to California’s Three Strikes Law PC 667. If you have prior strikes, you could face a very harsh sentence.

Aggravating factors lead to increased penalties as well. Aggravating factors include using a weapon, a very young or vulnerable victim, or multiple victims. The good news is that our experienced attorneys have the opportunity to argue mitigating factors, which can lessen your responsibility for the crime and reduce the penalties. Mitigating factors include mental disability, childhood abuse or trauma, and a clean criminal record. Consult with our sex crime defense attorneys today. Call Wallin & Klarich at (949) 776-3424!

The following are penalties for lewd acts in Irvine:

Section 288(a)

You face the following penalties for lewd and lascivious acts with a minor under 14 years old:

  • Three to eight years in state prison
  • A $10,000 fine
  • Sex offender registration
  • Strike 
  • Double the penalties (one prior strike)
  • 25 years to life (two prior strikes)

Section 288(b)

The penalties significantly increase for using violence, threats, physical force, or fear to commit lewd acts: 

  • Five to ten years in prison without probation
  • A $10,000 fine
  • Sex offender registration
  • Double the sentence (one prior strike) 
  • 25 years to life (two previous strikes)
  • Automatic 25 years to life (with no prior strikes for multiple victims or causing bodily injury under California’s One Strike Law)

Section 288(c)

You face the following penalties for lewd acts with a 14 or 15-year-old victim, 10 years younger than you:

  • Misdemeanor 
    • 364 days in jail
    • A $1,000 fine
    • Sex offender registration
  • Felony 
    • Three years in prison
    • $10,000 fine
    • Sex offender registration

Senate Bill 384 & Sex Offender Registration PC 290

Senate Bill 384  With the introduction of the new tired sex offender system, the court assigns offenders a tier upon conviction dependent on the specific crime. For example, if you’re placed on Tier 2 for a first lewd acts conviction under 288(a), you must register as a sex offender for 30 years or more. However, if you’re convicted of PC 288(a) a second time, you can expect Tier 3 lifetime registration, and any conviction of PC 288(b)(i) also carries Tier 3 registration.

All sex offenders must register within five days of their birthday each year and report any address changes within five days.  If you fail to do so, you can be found guilty of violating California PC 290 and face up to three years in prison.

Professional and Personal Consequences

Beyond the legal consequences, you can also face severe professional and personal consequences from accusations of inappropriate behavior with a minor. These accusations can destroy your family as well as make it incredibly difficult to find employment. 

However, you don’t have to let this be your reality.

Our defense attorneys at Wallin & Klarich can help you fight a lewd acts conviction in Irvine. We understand criminal charges put you in a difficult financial situation. We don’t want you to settle for an inexperienced defense lawyer because of costs. This is why we offer flexible payment plans to help you afford a skilled sex crimes lawyer from our law firm. We’ve helped clients fight accusations of lewd acts and other sex crimes for over 40 years. We are here when you need someone on your side. Call Wallin & Klarich today for a free consultation and the expert legal representation you deserve!

Defenses To Lewd Acts | Defeat False Charges

You need an expert defense strategy from a skilled lewd acts defense lawyer to win your case. Wallin & Klarich specializes in sex crime defense, and we have a history of delivering possible results. We want your side of the story to be heard! Our defense attorneys will create a defense based on what supports your version of the events, and we’ll fight to prove your innocence. We’ve helped many Irvine clients restore their good names. Some of the most effective defenses for lewd acts in past child molestation cases include:

False Accusation:

Many people try to fight their case alone, but they end up wrongfully convicted. Some of them are still sitting in prison right now. Don’t assume because you’re innocent you won’t be convicted.

If you’re falsely accused of lewd acts with a minor, you need to contact Wallin & Klarich immediately. We will work to find problems with the allegations against you. Contact our Irvine defense attorneys today and fight false accusations!

No Sexual Contact:

A harmless interaction with a minor is sometimes mistaken for inappropriate behavior. Your Wallin & Klarich attorney can provide expert testimony and concrete evidence that you were not motivated by a sexual interest in the child. Since the prosecution must prove you had a sexual motivation, our argument could lead to a dismissal of your lewd acts case. 

Insufficient Evidence:

If the prosecution has moved forward with your case without enough evidence to convict you, we can point out the holes in the case against you. 

In some cases, we’re able to persuade the prosecution to drop lewd acts charges in Irvine. Other times we have to raise the argument of insufficient evidence in front of the judge. If the court agrees on the lack of evidence, your case could be dismissed on the grounds of insufficient evidence. 

Call Wallin & Klarich today for your free consultation with our Irvine defense lawyer! 

Choosing A Top Defense Attorney | We’ll Fight For You

With so many lewd acts defense lawyers competing for your attention, it’s easy to get overwhelmed or choose the wrong one. When you choose a lewd acts defense attorney, you need to evaluate what they can do for you. Do they have experience and a solid track record? Are your best interests their priority? Don’t just take their word for it. Consider how they make you feel as well. Wallin & Klarich has years of experience fighting legal battles and working with clients. It’s easy for us to articulate what we bring to the table that separates us from other defense firms. We are known for the following characteristics:

  1. Trusted Legal Advocates
  2. Exceptional Negotiators
  3. 40+ Years of Practice 
  4. Specialized Legal Expertise 

Trusted Legal Advocates | The Wallin & Klarich Difference 

You need to be able to trust your sex crime attorney. It’s bad enough you have to worry about the prosecution without having to wonder about your defense team. With Wallin & Klarich, you never have to question our loyalty. You’ll always receive one-on-one attention and genuine care when you visit our office. We are here for you when you need us, and we’re always prepared to fight for your best interests.

Exceptional Negotiators | 40+ Years of Success

You need a sex crime lawyer who understands the best way to negotiate inside and outside of court. We’ve honed our negotiation skills during our 40+ years of practice, and we continue to strive for excellence. Find out how our expert negotiators can help you defeat accusations of lewd acts in Irvine, CA. Contact us today toll-free at (877) 4-NO-JAIL or (949) 776-3424 for a free consultation with a local sex crimes attorney that you can trust! 

We’re here to help you!

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