Lewd and Lascivious Acts According To The Law
Lewd and lascivious conduct refers to any sexual behavior that is considered offensive according to societal standards of decency, and typically involves a child. Lewd and lascivious acts, also known as lewd acts or lewd conduct, are considered serious offenses under the law in California. These terms refer to any sexual act with a minor child under the age of 14, regardless of whether there was consent or not.
If you are facing these charges, you need an aggressive defense attorney on your side. Choosing Wallin & Klarich to represent your case puts you in a better position to receive the best outcome for your case. We have over 40 years of experience in Southern California. Call us today at (877) 4-NO-JAIL for your free consultation!
California Penal Code 288
According to California Penal Code 288, any person who knowingly engages in lewd or lascivious acts with a child under the age of 14 can be charged with a felony offense. The act is also considered lewd and lascivious if it involves physical contact between the perpetrator and the child, such as touching or fondling. The elements that the prosecutor must prove in order to convict you are:
- The accused purposefully engages in physical contact with the child’s body part or allowed the child to touch their body.
- The accused knowingly and willingly acted in order to sexually arouse, attract, or satisfy their own or the child’s sexual desires.
- The child involved in the incident was under the age of 14.
The charges you could potentially face vary depending on the facts of the case under California Penal Code 288 subsections.
PC 288(a) – Engaging in Lewd or Lascivious Acts with a Child Above 14 Years Old. To be charged under PC 288(a), the accused must have knowingly and lewdly touched the body of a child who is over the age of 14. Furthermore, this act must have been carried out with the intention to sexually arouse, attract, or fulfill the defendant’s or the child’s sexual desires.
PC 288(b) – Lewd & Lascivious Acts Using Violence, Threats, Force, or Fear. PC 288(b)(1) encompasses the same requirements as PC 288(a), however, it adds an extra clause that the touching must have been forcibly done using violence, threats, coercion, intimidation, or fear of immediate and unlawful harm to the child or another person.
PC 288(c) – Lewd & Lascivious Acts with a Minor Aged 14 or 15 when the Defendant is 10 or More Years Older. Similar to the preceding subsections, PC 288(c) necessitates that the defendant deliberately and lewdly touched the body of a minor. However, this particular offense applies only when the child is either 14 or 15 years old. Additionally, this crime is only applicable if the defendant is at least 10 years older than the victim, and the touching was performed with the intent to sexually arouse, attract, or gratify the defendant’s or the child’s lustful desires.
No matter what subsection of California Penal Code 288 a case falls under, you could face severe consequences. It is important to have a skilled defense attorney on your side. Your attorney will be able to help you navigate each step of the process for your case and get the best possible outcome. Our attorneys at Wallin & Klarich have the experience you need for your case. We offer exceptional service, experience, and affordable payment options to help you manage the cost of hiring a defense attorney. Call our office today for a free consultation!
Penalties Under Penal Code 288
The penalties for this crime can be extremely severe. Below are the possible penalties by subsection of Penal Code 288:
PC 288(a): a violation of this subsection is a felony that can result in 3-8 years in prison and a fine of up to $10,000.
PC 288(b): a violation of this subsection is a felony that can result in 5-10 years in prison and a fine of up to $10,000.
PC 288(c): a violation of this subsection can be charged as a misdemeanor or a felony. For a misdemeanor, you could face up to a year in jail. For a felony, you could face up to three years in prison in addition to fines.
If convicted, offenders may face severe penalties including imprisonment, hefty fines, and registration as a sex offender. Additionally, the stigma and social consequences of being charged with lewd acts can have long-lasting effects on an individual’s personal and professional life. While it may seem like your life is over when facing one of these charges, it doesn’t have to be. Our attorneys at Wallin & Klarich understand the stress that comes during a time like this and are here to help. Call our office today!
The best defense is hiring a skilled attorney who can help you through your entire case. Your attorney will be able to look at the facts of the case and determine which defense(s) are the best to raise for your case. Our attorneys at Wallin & Klarich have over four decades of experience defending cases like yours. Some defenses our attorneys have used in the past include:
- The Credibility Defense
- Unlawful Search and Seizure
Because these defenses are specific and each case has different facts, it is important to consult with an experienced attorney who can help you find the best defense(s) for your case. Call our office today for a free consultation!
Contact Wallin & Klarich Today
If you are facing a lewd and lascivious acts charge, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison.Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.