California Penal Code Section 288
by
Randy Collins on Feb. 23, 2012
Criminal Felony Criminal Misdemeanor
Summary: Lewd Acts with a Minor under 14 under California Penal Code Section 288, is a criminal offense and it is normally filed as either a felony or misdemeanor. Lewd Acts with a Minor under 14 is the willful act of touching a child’s body parts (a minor under 14) to gratify oneself sexually.
Definition
Lewd Acts with a Minor under 14 under California Penal Code Section 288, is a criminal offense and it is normally filed as either a felony or misdemeanor. Lewd Acts with a Minor under 14 is the willful act of touching a child’s body parts (a minor under 14) to gratify oneself sexually.
Elements of the Crime
In order to take an Lewd Acts with a Minor under 14 CPC 288 case to trial, certain elements of the crime will have to be proven. These include:
- That the defendant was involved in touching a minor under 14, (even if they permitted the act)
- This contact was intended to pleasure the defendant sexually
Punishments for CPC 288
These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case, the defendant’s age difference between the victim, the age of the child, and also an individual’s criminal history.
When found guilty of Lewd Acts with a Minor under 14, it is can be either:
A misdemeanor punishable by one year in jail and a one thousand dollar fine
A felony punishable by 1-8 years in prison and a ten thousand dollar fine
NB. A sex offender registration will also be mandatory
Legal Defenses for California Penal Code 288
A good lawyer can present many legal and valid defenses for Lewd Acts with a Minor under 14 charges under California Penal Code 288 to prove someone’s innocence. A legal defense team can argue that the guilty party was falsely accused.
Learn more about other California Section Penal Codes here.