Lewd or Lascivious Acts with a Minor
The layman’s term used to refer to this Penal Code section is “child molestation.” There are, however, various offenses that fall under this heading. California Penal Code section 288 lays out different potential penalties for the same or similar offense, depending on the age of a minor and/or the age difference between the minor and the accused offender as well as how the commission of the act took place (for example, whether by force or violence). A person is guilty of committing “Lewd and lascivious acts” if he/she “willfully and lewdly commits any lewd or lascivious act, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child.” The touching that is referred to can occur anywhere on the body and does not necessarily have to be on a typical sexual area such as the breasts, vagina, penis, or anus. Likewise, it is also considered lewd and lascivious behavior when the accused has the minor child touch him/her for the same purpose. This is a felony crime that always carries potential prison sentences if convicted.
Potential Defenses
There are many potential defenses to the various crimes listed in California Penal Code Section 288. Many of the cases that the experienced sex crimes defense team at WILL & WILL, LLP see are “he said, she said” situations where a minor has told a story to their parent or friend that has then gotten someone arrested for alleged “child molestation.” Often times, our attorneys discover that the minor accuser has, for his/her own reasons, made up the story altogether. While children do sometimes make up stories on their own, it can also be an angry family member that puts the idea in the minor’s head, or asks the minor to lie for them. Either way, it is the job of the sex crimes defense attorneys at WILL & WILL, LLP to try and uncover the truth – i.e., whether the minor’s story is real or false. In the present day, children are sexually knowledgeable at a young age. Our attorneys have seen cases where a minor wants to engage in a sexual activity with an adult, and when rejected, has lied about the sexual activity having actually taken place in order to get back at the adult. The result is innocent people being accused of, and sometimes wrongfully convicted of, lewd and lascivious acts with a child.
Cases that fall under California Penal Code section 288 are also often sad situations where something went further than it should have. At sex crimes defense firm WILL & WILL, LLP, we have had clients who come to us knowing that they committed a wrongful sexual offense and need our help. Often times these types of clients feel they suffer from an illness and never really meant the minor any harm. Sometimes, sex offenders cannot help their actions and ultimately have great remorse.
In those cases where the evidence is such that there is little or no doubt that the suspect committed the offense, our defense often focuses on getting the prosecutor and/or judge to believe that this was an isolated incident and that our client is not likely to re-offend. In other cases, where our client admits he/she may re-offend, our sex crimes defense lawyers fight hard to get our clients into proper treatment programs, rather than jail or prison. Typically, with cases such as these, we will have our client evaluated by one of several independent psychologists/psychotherapists/psychiatrists who will write a report to the court on the likelihood/unlikelihood that our client will re-offend. If the report is favorable, the judge or prosecutor may be persuaded to offer a more sympathetic plea agreement with lesser penalties. On the other hand, if the report is very negative, we may choose never to present it to the prosecution or the court. As a product of our defense work, that choice is legally ours to make.
At WILL & WILL, LLP, our sex crime defense team made up of lawyers, experts and investigators have handled many cases falling under California Penal Code section 288. We can guide you through the next steps of the process that lies ahead and start gathering information to further your defense. In some cases we are successful at uncovering motive for a false accusation. In others, where that is not the situation, we will work hard on preparing our defense in other areas of the case. This is a very serious offense that, if convicted of, will require you to remain a registered sex offender for the rest of your life. Call or contact the sex crimes defense attorneys at WILL & WILL, LLP immediately to try and prevent this from happening to you.
