PC 288 Defense in Orange County

Lewd Acts with a Minor Under California Penal Code Section 288

Section 288 covers specific age-based offenses rather than every allegation involving sexual conduct and a minor. We examine the precise subsection identified in the charging documents and the elements the prosecution must prove.

Allegations Involving a Child Under 14
Section 288(a) criminalizes a willful lewd or lascivious act upon or with a child younger than 14 when committed with the intent to arouse, appeal to, or gratify sexual desires. A lewd or lascivious act is conduct allegedly committed with that required sexual intent. The prosecution must prove both a qualifying act and the required intent beyond a reasonable doubt.

Allegations Involving a Minor Age 14 or 15
Section 288(c)(1) applies when the minor is 14 or 15 and the accused person is at least 10 years older. This category has different elements and potential penalties from allegations involving a younger child.

Allegations Involving a Minor Age 16 or 17
Alleged conduct involving a 16- or 17-year-old isn’t charged under section 288. Depending on the alleged conduct, prosecutors may consider other statutes, including statutory rape or sexual battery laws. Those offenses aren’t interchangeable with a PC 288 charge and must be evaluated under their own elements.

Continuous Sexual Abuse Under Penal Code Section 288.5
Section 288.5 separately addresses continuous sexual abuse. It applies to allegations involving three or more acts of substantial sexual conduct with a child under 14 over at least three months when the accused lived with the child or had recurring access to the child.

Potential Consequences of a PC 288 Conviction

The possible consequences depend on the charged subsection, alleged conduct, number of counts, and final disposition. The applicable statute also affects whether an offense may be prosecuted as a misdemeanor or felony.

Potential sentencing and registration issues include:

• Penal Code section 288(a): A conviction carries a state-prison term of three, six, or eight years.
• Penal Code section 288(b)(1): An offense involving force, violence, duress, menace, or fear carries five, eight, or 10 years in state prison.
• Penal Code section 288(c)(1): This wobbler may be punished as a misdemeanor by up to one year in county jail or as a felony by one, two, or three years in state prison.
• Multiple counts: Each alleged lewd act may be charged as a separate criminal count.

A lewd act against a child younger than 14 is classified as a serious and violent felony and counts as a strike under California’s Three Strikes Law. A first PC 288 conviction requires Tier 2 sex-offender registration for a minimum of 20 years under current California law. A subsequent conviction or a conviction under section 288(b)(1) requires Tier 3 lifetime registration.

Evidence & Defense Issues in Child Molestation Cases

A defense evaluation begins with the prosecution’s burden, not assumptions based on the accusation. In a section 288(a) case, prosecutors must prove a willful qualifying act involving a child younger than 14 and the specific intent to arouse, appeal to, or gratify sexual desires.

Case-specific issues may include false accusations, mistaken identity, inconsistencies in witness accounts, or whether the evidence proves the required sexual intent. A minor’s consent and a mistake about the minor’s age aren’t defenses to a PC 288 charge.

We compare witness accounts with digital records, forensic evidence, photographs, video, and statements made to investigators. That review can shape pretrial negotiations, plea discussions, motions, and trial preparation. The appropriate course depends on the admissible evidence, the charged subsection, and the circumstances of the case.