What is a lewd and lascivious act on a child? – California Penal Code Section 288
In California, it is a crime for any person to commit a lewd act on a child. Specifically, Penal Code Section 288 prohibits a person from willfully committing 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 simple English, this means a person may be criminally charged for touching the body of a minor child if it was done for sexual arousal or sexual gratification.
Consequences of Lewd and Lascivious Act on a Child
Lewd and lascivious acts on a child is a felony in California. If you are convicted of this crime, you face three, six or eight years in prison and a fine of up to $10,000. Depending on the circumstances of your case, you could face stiffer penalties.
In addition, you will be required to register as a sex offender for the rest of your life under California Penal Code Section 290. This means your personal information will be listed online for anyone to see, and you will likely have to deal with the negative stigma for the rest of your life. That is why it is critical that you speak to an experienced criminal defense law firm that will provide you with the best possible defense to these charges.
Defenses to Lewd Acts on a Child
A skilled criminal defense attorney may be able to defend you if they are aware of the valid legal defenses to this crime. Our experienced criminal lawyers have successfully defended many clients facing these charges, and we are fully aware of all the potential defenses to this crime.
For example, one element of this crime that is necessary to convict you is that a willful touching occurred. Our skilled lawyers could argue that the touching was accidental or there was no touching at all. Since the law only punishes willful touching, any evidence to show that there was no touching or that the touching was accidental will likely result in a dismissal of charges.
In addition, the defendant must have committed the act with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of (himself/herself) or the child. In other words, if the touching occurred for any other reason other than for sexual arousal, than there is no lewd or lascivious act. However, a child giving consent to be touched is never a defense
Call the Criminal Defense Attorneys at Wallin & Klarich
If you are facing charges of lewd and lascivious acts on a child in California, you need to speak to a skilled criminal defense attorneys at Wallin & Klarich. Our knowledgeable attorneys have been successfully defending our clients facing lewd and lascivious acts for over 40 years. We’ve helped thousands of clients in their time of legal need, and we can help you now. We know the defenses to this crime, and our skilled defense lawyers can use these to help you obtain the best possible result in your case.
With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, West Covina, Sherman Oaks, Torrance, Ventura and Victorville, our criminal defense law firm is available to help you no matter where you work or live.
Contact Wallin & Klarich today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.