August 21, 2011 By Stephen Klarich

Penal Code Section 288(a) And The Possibility Of Probation

Penal Code section 288(a) makes it crime to commit a lewd and lascivious act “on the body of a child under age 14 with the specific intent of “arousing, appealing to, or gratifying the lust, passions or sexual desires of that person or of the child.” Penal Code section 288, Subsection (b), makes it a crime to do the same act “by use of force, violence, duress, menace or fear of immediate and unlawful bodily injury on the victim or another person.”

A non-forcible child molest conviction under Penal Code section 288(a) means the defendant is probation eligible if the trial judge finds that defendant is a member of the defendant’s household, probation will work, and probation is in the best interests of the victim (see Penal Code section 1203.066). Often, the prosecutor will try to take a defendant charged with Penal Code Section 288(a) out of the probation eligible category by proving one of the circumstances listed in Penal Code section 1203.066(a) – such as: bodily injury, multiple victims, and substantial sexual conduct.

With the possibility of heavier penalties now facing sex crime offenders, it is very important that you speak to an experienced sex crime attorney who can aggressively defend you. At Wallin & Klarich, our Southern California sex crime lawyers have over 30 years of practice experience. In that time, we have successfully tried numerous sex crimes cases and can effectively defend your rights. Our attorneys will employ aggressive strategies that will work to get you the best possible result in your case. Call us at (877) 466-5245. We will be there when you call.

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