Lewd and lascivious acts on a minor 14 or 15 years old
Information on the crime of lewd and lascivious acts on a minor aged fourteen (14) or fifteen (15) is found at California penal code section 288(c)(1).
PC 288(c)(1) Law (Abbr.)
PC 288(c)(1) Any person who commits a lewd and lascivious act upon a minor who is 14 or 15 years old, where the person who committed the act is at least 10 years older than the minor, is guilty of PC 288(c)(1).
If the defendant personally inflicted bodily harm upon the victim the defendant shall be imprisoned in the state prison for life with the possibility of parole. “Bodily harm” means any substantial physical injury resulting from the use of force that is more than the force necessary to commit the offense (PC 288(i)(1)) .
A lewd and lascivious act means an inappropriate sexual touching anywhere on the body of the defendant or the minor. The touching can be either when the minor is touched by the defendant or when the defendant is touched by the minor if the touching is directed or forced by the defendant. The touching does not have to be skin to skin contact or on the genitals of either the defendant or the victim.
Touching a minor, even in a minor's sexual areas, is not a lewd and lascivious act, unless the touching is made by the defendant with the specific intent to sexually arouse the defendant or the minor. On the other hand, if the defendant touches a minor, or causes a minor to touch the defendant, for the purpose of sexually arousing the defendant or the minor, then the touching is a lewd and lascivious act no matter where on the body of either the defendant or the minor that the touching occurred.
PC 288(c)(1) Sentence & Punishment
Sex Offender Registration: If found guilty of lewd and lascivious acts on a minor under 14 (PC 288(a)), the defendant will be ordered to register as a sex offender pursuant to PC 290. For more information please see sex offender registration requirements.
Jail or Prison Sentence: Oral copulation on a minor (PC 288a(b)(1)), is classified as a wobbler, which means the crime is charged as a felony or as a misdemeanor. The maximum sentence after a conviction for felony PC 288a(b)(1) is three (3) years in state prison. The maximum sentence after a conviction for misdemeanor PC 288a(b)(1) is one (1) year in county jail.
Whether or not the district attorney files felony or misdemeanor charges in any PC 288a(b)(1) case depends largely on the facts of the case and the defendants criminal history. In some cases, it may be possible for a criminal defense attorney to pursuade a judge that the charges should be reclassified from a felony to a misdemeanor.
Probation Sentences: A probation sentence is period of supervision instead of a jail or prison sentence. Probation sentences carry conditions of probation, or terms of probation, that must be followed in order to avoid further punishment, including an actual jail or prison sentence. A probation sentence for felony PC 288(a) is called felony probation and is supervised and monitored by a felony probation officer. Felony probation sentences are allowed for PC 288(c)(1) crimes but only in special circumstances. Whether or not a probation sentence is available in any particular felony PC 288(c)(1) case depends largely on the facts of the case and the defendant's criminal history.
A probation sentence on a misdemeanor PC 288(c)(1) conviction is more common and there is no requirement that the judge finds a special circumstance before allowing misdemeanor probation after a misdemeanor PC 288(c)(1) conviction. Also, misdemeanor probation sentences carry conditions of probation, or terms of probation but those terms are not monitored or supervised by a probation officer.
Note: A jail sentence term may be ordered as one of the terms of a felony or a misdemeanor probation sentence; however, any jail sentenced that is ordered as a term of probation is usually much shorter than an actual jail or prison committment and may usually be served on house arrest or work release (as opposed to jail or prison).
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PC 288(c)(1): Lewd Act on a Minor 14 or 15 Years Old
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