Lewd Acts on a MinorCalifornia Penal Code Section P.C. 288(a)

What are Lewd Acts With a Minor in California?

California Penal Code Section 288 addresses a grave and sensitive subject: lewd acts with a minor. This statute is particularly concerned with the protection of children from sexual exploitation and abuse, a priority that reflects a balance between safeguarding vulnerable individuals and ensuring the legal rights of the accused are maintained. California Penal Code Section 288 contains several subsections that address different circumstances and aggravating factors related to lewd acts with a minor, each carrying distinct legal consequences. Differentiating these subsections is crucial for understanding the specific charges one might face and the corresponding legal implications.

Because of how serious the penalties for a conviction are and how complicated proving and defending against this crime is, anyone charged with Lewd Acts With a Minor in California should seek attorneys like the Law Firm of Gomez, Radford, & Rome who have extensive experience handling these cases right away.

What must the prosecution prove for a conviction under Penal Code Section 288?

For a conviction under Penal Code Section 288, the prosecution must establish several key elements beyond a reasonable doubt. Firstly, it must be proven that the defendant willfully engaged in any lewd or lascivious act upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of either party. “Lewd or lascivious acts” are broadly defined to include any sexual conduct harmful to a child’s mental, emotional, or physical welfare.

What are the consequences of a conviction under Penal Code Section 288?

The consequences of a conviction under Penal Code Section 288 are severe and vary based on the specific subsection of the statute violated. For instance, under subsection (a), a conviction involves imprisonment in the state prison for 3, 6, or 8 years. Subsection (b)(1) elevates the crime to include force, fear, or threats, resulting in higher penalties, including 5, 8, or 10 years in state prison. Additionally, certain convictions under this statute require mandatory registration as a sex offender, a consequence that carries significant social and legal implications.


Subsection (a) of Penal Code Section 288 is the foundational statute, making it illegal to commit any lewd or lascivious act on a child under the age of 14 with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of either party. A conviction under this subsection typically results in imprisonment for 3, 6, or 8 years.

Subsection (b)(1) escalates the offense to committing a lewd act upon a child under the age of 14 by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. The penalties under this subsection are more severe, with imprisonment terms of 5, 8, or 10 years.

Subsection (c) further specifies penalties for offenses committed due to a prior conviction under this section or other specified sexual offenses, including aggravated circumstances that can lead to life imprisonment.

Subsection (d) addresses lewd acts upon children of 14 or 15 years old when the perpetrator is at least 10 years older than the victim, reflecting a lesser degree of offense compared to acts committed against younger children but still subject to significant legal penalties.

Subsection (e) provides for enhanced penalties if the defendant has a prior conviction for a lewd act on a child under this section, indicating the legal system’s escalating response to repeat offenders.

Each of these subsections reflects the legislature’s intention to address the varying degrees of harm and culpability associated with lewd acts against minors, from those involving younger victims and physical force to those where the age difference and the victim’s relative youth are the primary factors. Understanding these distinctions is vital for legal defense, as the specific facts of a case could significantly influence the applicable charges and potential defenses.

How can one defend against accusations under Penal Code Section 288?

Defending against accusations under Penal Code Section 288 requires a nuanced understanding of both the law and the specific circumstances of the case. Common defense strategies may include challenging the credibility of the accuser, presenting evidence that the defendant did not have the specific intent required by the statute, or arguing that the contact was accidental and not for the purpose of sexual arousal or gratification. In some cases, it may be possible to negotiate lesser charges, especially if there are mitigating factors or if the evidence of the charged offense is weak.

What other charges might be associated with Penal Code Section 288?

Cases involving Penal Code Section 288 often intersect with other charges, depending on the circumstances. These can include possession of child pornography (Penal Code Section 311), statutory rape (Penal Code Section 261.5), and child endangerment (Penal Code Section 273a). Each of these statutes addresses different aspects of child protection and carries its own set of penalties and legal considerations.

Hire Gomez, Radford, & Rome if you’re charged with violating California P.C. 288

For those facing charges under Penal Code Section 288 or related statutes, it is crucial to seek competent legal representation. Gomez, Radford, & Rome, Los Angeles Criminal Defense Attorneys, offer experienced legal counsel. With a background as former prosecutors and serious felony trial experience, they are well-equipped to navigate the complexities of the criminal justice system, ensuring that your rights are protected at every step. Whether contesting charges of lewd acts with a minor or confronting related legal issues, their expertise can provide a critical advantage in your defense. Don’t wait, visit our office or call today for a free consultation.

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Disclaimer: The information contained in our articles is provided for informational purposes only and should not be construed as legal advice. The situations discussed are purely hypothetical and may not be applicable to your individual case. Nothing in these articles should be construed as forming a lawyer-client relationship or as a guarantee of a particular outcome. If you have specific legal questions or are facing criminal charges, please contact the law firm of Gomez, Radford, & Rome to discuss your case. Only a qualified attorney can provide you with legal advice based on the specific facts of your case.