Arrested for Lewd or Lascivious Acts with a Child Aged 14 or 15 (Penal Code § 288(c)(1)) in California?

If you’ve been arrested for lewd or lascivious acts with a child aged 14 or 15 under California Penal Code § 288(c)(1), you’re facing serious charges that could have long-lasting consequences. This law is designed to protect minors from sexual exploitation, and the courts take these cases very seriously.

Before you make any statements or decisions, it’s crucial to understand exactly what these charges mean, the potential penalties you’re facing, and the defenses that may be available to you.

What is Penal Code § 288(c)(1)?

California Penal Code Section 288(c)(1) criminalizes lewd or lascivious acts with minors who are 14 or 15 years old when committed by someone at least 10 years older than the victim. The law specifically targets sexual conduct between adults and teenagers in this specific age range.

To violate this statute, a person must willfully commit a lewd act upon the body of a 14 or 15-year-old child with the intent to arouse the sexual desires of either the perpetrator or the minor. The age difference is precisely calculated from the birth dates of both parties and must be at least 10 years.

The law serves to protect adolescents from sexual exploitation by significantly older adults, recognizing the vulnerability of teenagers even as they approach the age of consent in California.

Key Elements of § 288(c)(1) Charges

For the prosecution to secure a conviction under § 288(c)(1), they must prove beyond a reasonable doubt:

1. You willfully touched the child’s body or caused the child to touch your body, their own body, or someone else’s body.
2. You did so with the intent of arousing, appealing to, or gratifying your own lust, passions, or sexual desires, or those of the child.
3. The child was 14 or 15 years old at the time of the act.
4. You were at least 10 years older than the child when the act occurred.

It’s important to note that the touching doesn’t have to be on a sexual organ, nor does it need to be skin-to-skin contact. Any touching done with sexual intent can potentially fall under this law.

Penalties for § 288(c)(1) Violations

A violation of Penal Code § 288(c)(1) is what’s known as a “wobbler” offense in California. This means it can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and your criminal history.

Misdemeanor Penalties

If charged as a misdemeanor, the potential penalties include:

• Up to one year in county jail
• A fine of up to $5,000
• Summary (informal) probation

Felony Penalties

If charged as a felony, the potential penalties are more severe:

• Imprisonment in state prison for 1, 2, or 3 years
• A fine of up to $10,000
• Formal probation

Additional Consequences

Beyond the immediate legal penalties, a conviction under § 288(c)(1) can have far-reaching consequences:

1. Sex Offender Registration: While not automatic, the judge has discretion to require you to register as a sex offender, potentially for life.
2. Immigration Consequences: For non-citizens, a conviction could lead to deportation or inadmissibility.
3. Professional Licenses: Many professional licensing boards may suspend or revoke your license upon conviction.
4. Employment: A conviction can make it difficult to find employment, especially in fields involving work with children.
5. Housing: Some landlords may refuse to rent to individuals with sex offense convictions.
6. Child Custody: A conviction could negatively impact child custody arrangements.
7. Reputation: Even if you avoid jail time, the stigma associated with these charges can be long-lasting.

Legal Defenses for § 288(c)(1) Charges

If you’re facing charges under Penal Code § 288(c)(1), several legal defenses may be available:

1. Lack of Intent

The prosecution must prove that you acted with sexual intent. If the touching was innocent or accidental, you shouldn’t be convicted under this statute.

2. False Accusation

Unfortunately, false accusations do occur. A skilled defense attorney can investigate the circumstances and potentially uncover evidence of a false accusation.

3. Mistake of Age

If you had a good faith and reasonable belief that the person was 16 or older, this could be a defense. However, you must be able to show that you took reasonable steps to verify the person’s age.

4. Insufficient Evidence

The prosecution must prove every element of the crime beyond a reasonable doubt. If there’s not enough evidence to meet this high standard, you should not be convicted.

5. Violation of Constitutional Rights

If law enforcement violated your constitutional rights during the investigation or arrest, it might be possible to have certain evidence excluded from trial.

6. Coerced Confession

If you were pressured or coerced into making a false confession, your attorney may be able to have this evidence suppressed.

The Legal Process for § 288(c)(1) Charges

Understanding the legal process can help you prepare for what’s ahead:

1. Investigation: Police gather evidence and interview witnesses.
2. Arrest: If there’s probable cause, an arrest is made.
3. Booking: You’re photographed, fingerprinted, and your personal information is recorded.
4. Arraignment: You appear in court to hear the charges and enter a plea.
5. Bail Hearing: The judge decides whether to grant bail and sets the amount.
6. Preliminary Hearing: For felony charges, the prosecution must show there’s enough evidence to proceed to trial.
7. Pretrial Motions: Your attorney may file motions to suppress evidence or dismiss the case.
8. Plea Bargaining: Sometimes, a plea deal may be negotiated.
9. Trial: If the case goes to trial, both sides present evidence and arguments to a jury.
10. Verdict: The jury decides whether you’re guilty or not guilty.
11. Sentencing: If found guilty, the judge determines the sentence.

What Most People Don’t Know About § 288(c)(1) Charges

1. Consent is Not a Defense: Even if the minor consented to the act, it’s still illegal under this statute.
2. No Actual Touching Required: You can be charged under this law even if you caused the minor to touch themselves or someone else.
3. One Act is Enough: A single incident can result in charges; there doesn’t need to be a pattern of behavior.
4. Charges Can Be Filed Years Later: There’s a relatively long statute of limitations for these offenses.
5. Other Charges May Apply: Depending on the circumstances, you could face additional charges like statutory rape.
6. Expungement May Be Possible: In some cases, it may be possible to have the conviction expunged from your record after completing your sentence.
7. Victim’s Attitude Doesn’t Matter: Even if the alleged victim doesn’t want to press charges, the prosecutor can still pursue the case.

Frequently Asked Questions

Q: Can I be charged if I didn’t know the person was underage?

A: Yes, but “mistake of age” can be a defense if you can prove you had a reasonable belief the person was 16 or older.

Q: Does the touching have to be on a sexual organ?

A: No, any part of the body can be involved as long as the touching was done with sexual intent.

Q: Can charges be dropped if the minor doesn’t want to press charges?

A: The decision to press charges lies with the prosecutor, not the minor. However, the minor’s cooperation (or lack thereof) can influence the prosecutor’s decision.

Q: Will I have to register as a sex offender if convicted?

A: It’s not automatic, but the judge has discretion to require registration, especially for felony convictions.

Q: Can § 288(c)(1) charges affect child custody rights?

A: Yes, a conviction could potentially impact child custody arrangements.

Why You Need an Experienced Defense Attorney

Given the complexity of § 288(c)(1) cases and the severity of potential penalties, it’s crucial to have experienced legal representation. An experienced attorney can:

• Protect your constitutional rights throughout the process
• Conduct an independent investigation
• Identify and interview potential witnesses
• Challenge the prosecution’s evidence
• Negotiate with prosecutors for reduced charges or penalties
• Represent you effectively in court

When choosing an attorney, look for someone with specific experience defending against § 288(c)(1) charges, a track record of success, and someone you feel comfortable discussing sensitive details with.

How The Nieves Law Firm Can Help

At The Nieves Law Firm, we understand the gravity of § 288(c)(1) charges and the impact they can have on your life. Our experienced criminal defense attorneys are committed to providing aggressive and strategic defense for our clients.

We offer:

• Free initial consultations
• On staff private investigator
• Emergency phone line
• Multilingual services
• A team approach to your defense
• Extensive experience in sex crime cases

We’ll investigate your case, challenge the evidence against you, and fight for the best possible outcome. Our goal is to protect your rights, your freedom, and your future.

Don’t face these serious charges alone. Contact The Nieves Law Firm today for a confidential consultation. Remember, an arrest is not a conviction, and there are defenses available. Let us help you navigate this challenging time and work towards the best possible resolution for your case.