Child Sexual AssaultCalifornia Penal Code Section P.C. 288(b)(1)
Sexual Assault on a Child Under 14 defined under California Law:
California Penal Code § 288(b)(1) criminalizes committing lewd or lascivious acts upon a child under 14 years old using force, violence, duress, menace, or fear of immediate and unlawful bodily injury. This statute addresses those extremely severe offenses involving coercion or threats to engage a minor in sexual acts. Differentiate the (b) subsection from Lewd Acts on a Minor, PC 288 by the use of force or fear, which increases the penalties and the serious nature of the crime.
Given the gravity of these charges and the complexity of legal proceedings, it is vital that individuals accused under this statute to seek experienced legal representation immediately, like the attorneys at The Law Firm of Gomez, Radford, & Rome, who have extensive experience handling these cases. Our attorneys are all highly experienced former prosecutors who now practice criminal defense to make sure our clients get the best possible outcomes when they’re charged with a serious crime like this.
Legal Definition of Lewd Acts with a Minor by Force Under Penal Code § 288(b)(1)
Under California law, Penal Code § 288(b)(1) defines the offense as willfully committing any lewd or lascivious act upon or with the body of a child under 14 years old, accomplished by force, violence, duress, menace, or fear of immediate and unlawful bodily injury. The act must be done with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the perpetrator or the child.
To secure a conviction, the prosecution must establish the following elements beyond a reasonable doubt, as outlined in CALCRIM No. 1111:
- The Defendant Willfully Touched the Child
- The defendant must have willfully touched any part of the child’s body, either directly or through clothing. Alternatively, the defendant could have caused the child to touch their own body, the defendant’s body, or another person’s body. The touching must have been intentional and not accidental.
- The Touching Was Lewd or Lascivious
- The act of touching must have been committed with the intent to arouse, appeal to, or gratify the sexual desires of either the defendant or the child. A lewd or lascivious act refers to any act that is indecent or motivated by an unnatural or abnormal sexual interest in the child.
- The Child Was Under 14 Years of Age
- At the time of the act, the victim must have been under the age of 14.
- The Act Was Accomplished by Force, Violence, Duress, Menace, or Fear
- The defendant used force, violence, duress, menace, or fear of immediate and unlawful bodily injury to accomplish the act.
- Fear: The defendant’s actions or words caused the child to be reasonably afraid of immediate and unlawful bodily injury to themselves or someone else.
- Force or Violence: The use of physical strength or power to overcome the child’s will.
Penalties and Consequences
A conviction under Penal Code § 288(b)(1) is a felony offense in California, carrying severe penalties, including:
- Imprisonment: A state prison sentence of 5, 8, or 10 years.
- Sex Offender Registration: Mandatory lifetime registration as a sex offender under Penal Code § 290.
- Fines: A fine of up to $10,000.
Additionally, a conviction counts as a “strike” under California’s Three Strikes Law, which can lead to increased penalties for future felony convictions. There are also
Defenses and Strategies
Several defenses may be applicable to charges under this statute:
- Insufficient Evidence of Force or Duress: The defense can argue that the prosecution has not proven beyond a reasonable doubt that force, violence, duress, menace, or fear was used to accomplish the act.
- False Accusation: The defendant may argue that the allegations are false, possibly due to ulterior motives or misunderstandings.
- Lack of Intent: The defense may assert that the touching was accidental or not intended for sexual arousal or gratification.
It’s extremely important that you consult a criminal defense attorney right away when you’re charged with a crime this serious so you can adequately discuss any possible defenses, even before your first court appearance.
Related Cases
Don’t wait to call if you’re being accused of violating California P.C. 288(b)
Facing charges under Penal Code § 288(b)(1) is a serious matter with life-altering consequences. Even an accusation can ruin lives, and the consequences of a conviction are life-long. The legal process is complex, and the stakes are high. The attorneys at Gomez, Radford, & Rome are former prosecutors with a proven track record of success in handling such cases at a very high level.
Our deep understanding of the criminal justice system and experience in sex crime defense make us uniquely qualified to provide the robust representation needed in these situations. We offer free consultations to discuss your case and explore the best defense strategies tailored to your circumstances. Contact us today to ensure your rights are protected and to receive the expert legal guidance you need during this challenging time.