Can an 18 year old date a 16 year old in California without facing criminal charges? (PC 261.5)
The answer is that so long as the couple do not engage in sexual intercourse or oral copulation then they will likely not be prosecuted. However, if they do have intercourse then the 18 year old can be prosecuted for a violation of Penal Code Section 261.5. If the two have oral copulation then there can be a prosecution for oral copulation with a minor. (PC 288a). Most of the…
Read MoreIf I am charged with child molest, what can a criminal defense attorney do to help me?
Criminal Defenses for Child Molest If you are charged with child molestation, it is important to seek a qualified and experienced criminal defense attorney immediately. In fact as soon as you think you are a target of an investigation, get an attorney immediately. Many times, an attorney can contact the police agency in arrange a surrender to the court so you are not arrested. In other situations, that attorney can…
Read MoreMy Uncle was arrested for violating California Penal Code 288(a); what evidence is necessary to prove that he is guilty?
Sex crimes are one of the most serious offenses that can be committed in California. Committing a lewd and lascivious act on a minor under the age of 14 years old, PC 288(a), 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…
Read MoreWhat is the sentence if I am convicted of child molestation? (Penal Code Section 288; Penal Code Section 647.6)
The answer to this question depends upon how old the alleged victim was at the time of the offense and how many acts of child molestation are involved. A conviction for child molestation with a minor under 14 can result in a state prison sentence of 3, 6 or 8 years in prison for just one count. In some cases the court has the power to place you on probation…
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