Child molestation is one of the most serious criminal offenses in California, carrying severe penalties depending on the circumstances of the case. If you or someone you know is facing these charges, understanding the legal framework and potential consequences is critical. Contact Simmons Wagner, LLP at (949) 439-5857 to request a free legal consultation.
How California Defines Child Molestation
Under California Penal Code Section 288, child molestation refers to any lewd or lascivious act committed upon a minor under the age of 14 with the intent of sexual arousal or gratification. The law also covers acts involving minors aged 14 or 15 when the accused is at least 10 years older.
Key Elements of Penal Code 288:
- Lewd or Lascivious Acts: Any act intended to arouse or satisfy sexual desires.
- No Requirement for Skin Contact: The act does not need to involve bare skin; touching over clothing can qualify.
- Multiple Charges Possible: Each act can be charged separately, increasing potential sentences.
Penalties for Child Molestation Convictions
The penalties for child molestation in California depend on factors such as the victim’s age, the use of force, and the number of alleged incidents.
Penal Code 288(a) – Lewd Acts on a Child Under 14
- Prison sentence of three, six, or eight years
- A felony conviction with lifetime sex offender registration
Penal Code 288(b)(1) – Lewd Acts Involving Force, Fear, or Duress
- Prison sentence of five, eight, or ten years
- A felony conviction with a lifetime sex offender requirement
Penal Code 288(c)(1) – Lewd Acts on a Minor Aged 14 or 15
- Prison sentence of one, two, or three years, or up to one year in county jail if charged as a misdemeanor
Penal Code 288(i) – Lewd Acts Resulting in Bodily Harm
- Sentence of up to life in prison
- Requires substantial physical injury resulting from the offense
California’s Three Strikes Law and Sex Offender Registration
A conviction under Penal Code 288 counts as a strike offense under California’s Three Strikes Law, meaning future felony convictions could lead to much harsher penalties, including 25 years to life imprisonment.
Additionally, those convicted under PC 288 must register as a sex offender for life under Penal Code 290, significantly impacting employment, housing, and social relationships.
Legal Defenses Against Child Molestation Charges
Being accused of child molestation is devastating, but there are legal defenses that can help fight these charges. A skilled attorney may use the following arguments:
- Accidental Touching: If contact occurred but was not intentional, the charges may not stand.
- Lack of Intent: The prosecution must prove the accused had sexual intent.
- False Accusations: Children may be influenced or coerced into making false statements.
- No Use of Force or Duress: If charged under PC 288(b), the prosecution must show coercion or force was used.
- Violation of Constitutional Rights: If law enforcement violated due process, evidence may be suppressed.
Examples of Conduct That Can Lead to Charges
Understanding what constitutes child molestation is essential. Some examples of conduct that could result in charges under PC 288 include:
- Touching a child’s private areas over clothing for sexual gratification
- Placing a child’s hand on an adult’s private area
- Groping a minor’s body without consent
- Engaging in inappropriate physical contact in a position of authority (e.g., teacher, babysitter)
What Is Annoying or Molesting a Minor Under 18? (PC 647.6)
Separate from Penal Code 288, Penal Code 647.6 makes it illegal to annoy or molest any minor under 18. Unlike PC 288, this law does not require physical contact but still carries penalties, including:
- Misdemeanor Conviction: Up to one year in county jail and fines
- Felony Conviction: If aggravating factors exist, penalties may include prison time and sex offender registration
How an Attorney Can Help Fight Child Molestation Charges
If you are facing child molestation charges, seeking immediate legal representation is essential. A qualified criminal defense attorney can:
- Challenge evidence and witness statements
- Expose inconsistencies in the prosecution’s case
- Negotiate reduced charges or alternative sentencing
- Ensure your constitutional rights are protected
A conviction can have lifelong consequences, so don’t face these charges alone. Contact Simmons Wagner, LLP at (949) 439-5857 to discuss your defense options today.