Penalties for Continuous Sexual Abuse of a Child – PC 288.5
You are a recent college graduate. In order to save money while searching for employment, you lived with your older brother and his family for one year. During this period, you spent a considerable amount of time babysitting his children at home. Now, you are facing serious penalties for continuous sexual abuse of a child under California Penal Code section 288.5.
If you are accused of continuous sexual abuse of a child, it is imperative to understand the elements and potential punishment associated with this crime. An experienced criminal defense attorney at Wallin & Klarich has the knowledge necessary to help you with your case.
What is Continuous Sexual Abuse of a Child? (PC 288.5)
According to California Penal Code section 288.5, the prosecutor must prove the following elements in order to convict you of continuous sexual abuse of a child:
- You resided with or had reccurring access to a child under 14 years of age; AND
- You engaged in 3 or more acts of substantial sexual conduct with the child over a period of at least 3 months.
- You have “recurring access to a child” if you have the ability to approach the child on an ongoing basis.
According to People v. Rodriguez, (2002) 28 Cal.4th 543, this usually involves two factors. First, you are a person in a position of authority over the child. Second, you and the child have an ongoing relationship apart from the illegal sexual activity. Consider the example below:
- You babysit an 8-year-old child four times per week. In this situation, you are in a position of authority over the child since you are acting as a caretaker. You also have an ongoing babysitter-child relationship apart from any illegal sexual activity.
California Penal Code section 1203.66 defines “substantial sexual conduct” as “penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object, oral copulation or masturbation of either the victim or the offender.” Examples of substantial sexual conduct are listed below:
- You had sexual intercourse with a 9-year-old girl;
- You orally copulated a 7-year-old boy;
- You rubbed the vagina of a 10-year old girl; OR
- You had anal sex with a 12-year-old boy.
Penalties for Continuous Sexual Abuse of a Child
If you are convicted of continuous sexual abuse of a child, the consequences will be severe.
In California, continuous sexual abuse of a child under PC 288.5 is considered a felony offense. If you are convicted under PC 288.5, you will face up to 16 years in state prison and up to $10,000 in court fines.
A conviction under PC 288.5 will also require you to register as a sex offender under PC 290(c).
Why You Should Retain the Law Offices of Wallin & Klarich
The skilled criminal defense attorneys at Wallin & Klarich have over 40 years of experience successfully handling sex crimes cases. Our attorneys are well-versed in all of the defenses to a continuous sexual abuse of a child charge. Drawing from our extensive experience, we will thoroughly review your continuous sexual abuse of a child case and prepare an effective defense strategy that is tailored to your case. If you are accused of continuous sexual abuse of a child, it is imperative that you call the law offices of Wallin & Klarich.
Our offices are located in Orange County, Los Angeles, San Diego, Riverside, West Covina, Torrance, Ventura, Sherman Oaks, San Bernardino and Victorville. Give us a call today at (877) 4-NO-JAIL or (877) 466-5245 to inquire about your case. We will get through this together.