August 19, 2011 By Stephen Klarich

In California, it is a crime to send harmful material to a minor in an attempt to seduce that minor. A minor in California is anyone who is under the age of 18. California Penal Code Section 288.2(a) provides that every person who, with knowledge that a person is a minor, knowingly sends any harmful matter to a minor with the intent of seducing the minor is guilty of a public offense. Section 288.2(b) makes it a <a href=””>California lewd acts with a minor crime</a> to distribute harmful material over the internet or other forms of electronic media.

To prove that the defendant is guilty of sending harmful material to seduce a minor, the prosecution must prove that when the defendant acted, among other things, that he “intended to seduce” the minor. This is the most important element of the crime in many prosecutions under this code section because it requires that the defendant meant to entice the minor to engage in a sexual act involving physical contact between the seducer and the minor. In many cases the prosecution will charge a defendant under this code section despite the fact that there is no evidence indicating that the defendant intended to meet with the alleged victim in person— let alone to meet for the purposes of engaging in a sexual act. Often times in these types of cases the charges will be reduced to a non-registrable offense or dismissed altogether.

In the age of the internet, it is extremely easy to be charged with a violation of Penal Code Section 288.2(a) and (b). All it takes is for the wrong email address to be included in an email meant for adult eyes. For this reason, it is important to hire an experienced sex crimes San Diego defense attorney from Wallin &amp; Klarich. Our attorneys have over 30 years of experience handling sex crimes. Our attorneys have the skills and expertise to provide you with the best possible defense. If you or a loved one has been charged with a violation of Section 288.2, call us at (877) 466-5245 or visit us on our website at We will be there when you call.

Leave a comment

Your email address will not be published.

Confidential Consult
  • This field is for validation purposes and should be left unchanged.

SCHEDULE YOUR free consultation

If you or a loved one have been accused of a sex crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.