Riverside Child Molestation Lawyers

Understanding California Penal Code Section 288

California law addresses child molestation allegations through several statutes. The charge can differ based on the alleged conduct, the child’s age, the accused person’s age, whether sexual intent is alleged, and whether the prosecution alleges force, violence, duress, menace, or fear. 

Lewd or Lascivious Acts with a Child under 14

Key points about Penal Code section 288(a):

• Penal Code § 288(a): The prosecution must prove a willful lewd or lascivious act upon or with a child under 14 and the required sexual intent. Touching over clothing can be alleged as part of the charge.
• Potential Penalties: A conviction carries a state-prison term of three, six, or eight years. The consequences depend on the charged subsection, prior record, aggravating facts, and applicable law.

Force-Based Allegations under Section 288

Key points about Penal Code section 288(b):

• Penal Code § 288(b)(1): This subsection addresses alleged lewd or lascivious acts with a child under 14 when force, violence, duress, menace, or fear is alleged.
• Potential Penalties: A conviction under section 288(b)(1) can carry a state-prison term of five, eight, or 10 years, subject to the facts and applicable law.

Lewd Acts with a Child 14 or 15

Key points about Penal Code section 288(c)(1):

• Penal Code § 288(c)(1): This charge concerns an alleged lewd or lascivious act involving a 14- or 15-year-old when the accused person is at least 10 years older.
• Potential Penalties: The charge may be filed as a misdemeanor or felony, depending on the filing decision and alleged facts.

Continuous Sexual Abuse of a Child

Key points about Penal Code section 288.5:

• Penal Code § 288.5: This statute concerns allegations of continuous sexual abuse involving a child under 14. The prosecution must address the alleged acts and time period, including allegations of at least three acts over three months or more.
• Potential Penalties: A conviction can carry a state-prison term of six, 12, or 16 years, depending on the charged conduct, prior record, aggravating facts, and applicable law.

Aggravated Sexual Assault of a Child

Key points about Penal Code section 269:

• Penal Code § 269: This is a separate, serious category involving specified sexual offenses and a child under 14. It is distinct from an ordinary section 288 allegation.
• Potential Penalties: A conviction can carry 15 years to life per count, depending on the charged offense and applicable law.

Annoying or Molesting a Child

Key points about Penal Code section 647.6:

• Penal Code § 647.6: This statute addresses alleged annoying or molesting conduct involving a child under 18. The allegation doesn’t necessarily require physical contact.
• Potential Penalties: The charge may be filed as a misdemeanor or felony, and potential consequences depend on the facts and filing decision.