Send Harmful Matter to a Minor Child
with Intent to Seduce
Penal Code 288.2
Law, Punishment, & Defense

Information on the crimes of sending harmful matter to a minor with the intent to sexually arouse or seduce the minor is found at California penal code section 288.2 PC.

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Essentially, the crime of "harmful matter sent to a child with the intent to seduce a child" means the defendant is accused of sending an image, or video, to a person under the age of eighteen (18) that depicts sexual conduct or any message to a minor that includes sexual language.

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When the defendant is accused of sending sexual messages (i.e., no images or videos) to a minor with the intent to seduce the minor (i.e., sexually arouse the minor), the crime is usually charged as PC288.2(A)(1)-F: Sending Harmful Matter to a Minor for Purpose of Seducing.

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When the defendant is accused of sending sexual messages to a minor that include nude images or videos with nudity, the crime is usually charged PC288.2(A)(2)-F: Distributing Pornography to A Minor.

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Example: David is "sexting" with a minor that David knows is a minor. Result: David may be charged with Sending Harmful Matter to a Minor for the Purpose of Seducing the Minor (PC 288.2(A)(1)).

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Example II: David sends a nude image of himself to person that David knows is a minor. Result: David may be charged with Distributing Pornography to a Minor (PC 288.2(A)(2)).

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Also, if a defendant requests a nude image or video from another person that the defendant knows to be a minor, then the defendant may be charged PC 288.2(A)(1) [Send Harmful Matter to Minor to Seduce].

This is true even if the defendant's request itself contains no sexual language and even if the minor does not actually send the defendant a nude image or video.

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Related Charges: If a minor sends a nude image or video of himself or herself as requested by the defendant, then the defendant may be charged with both PC 288.2(A)(1) for the request of a nude image or nude video from a known minor and PC 311.11 (Possession of Child Porn).

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Also, if the defendant requests a child, who is under the age of fourteen (14), to send the defendant a nude image or video of the child sexually "touching" himself or herself in the sent image or video, then the defendant may be charged with PC 288.2(A)(1) [Send Harmful Matter to Minor w/Intent to Seduce], PC 288(a) [Lewd Act Upon Child Under 14], and PC 311.11 [Possession of Child Pornography]. This is true even if there is no direct "touching" of the child by the defendant.

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PC 288.2 Laws

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288.2(a)(1) Every person who knows, should have known, or believes that another person is a minor, and who knowingly distributes, sends, causes to be sent, exhibits, or offers to distribute or exhibit by any means, including by physical delivery, telephone, electronic communication, or in person, any harmful matter that depicts a minor or minors engaging in sexual conduct, to the other person with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of the minor, and with the intent, or for the purposes of engaging in sexual intercourse, sodomy, or oral copulation with the other person, or with the intent that either person touch an intimate body part of the other, is guilty of sending harmful matter to a child (PC 288.2 Abbrev.).

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PC 288.2 Penalties

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PC 288.2(a)(1): Sending harmful matter to a minor with the intent to seduce: charged as a felony or as a misdemeanor. When PC 288.2(a)(1) is charged as a felony, the defendant could face up to five years in prison.

When PC 288.2(a)(1) is charged as a misdemeanor, the defendant could face up to a year in the county jail.

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PC 288.2(a)(2): Sending sexual messages to a child: is charged as a misdemeanor or as a felony. When PC 288.2(a)(2) is charged as a felony, the defendant could face up to three years in prison.

When PC 288.2(a)(2) is charged as a misdemeanor, the defendant could face up to one year in the county jail.

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Probation Sentence: A probation sentence is period time wherein the defendant is monitored by the court or by a probation officer (instead of being incarcerated). Probation sentences are allowed in PC 288.2 cases, but they are not guaranteed.

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Whether or not the defendant is granted a probation sentence after a PC 288.2 conviction depends on the facts of the case, the defendant's criminal history and the terms of any plea bargain, if any.

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Note: If the defendant is not granted a probation sentence after a conviction for PC 288.2, then the defendant must serve his or her incarceration time in a state prison, (as opposed to a local county jail), and no part of the at prison sentence may be split or suspended.

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Also, a probation sentence for misdemeanor distribute harmful matter to a child is no more than one year (PC 1203); a probation sentence for felony distribute harmful matter to a child is no more than two years (PC 1203.1(a) & PC 288.2)).

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Sex Offender Registration: If found guilty of sending harmful matter to a child, the defendant will be ordered to register with local law enforcement as a sex offender (PC 290).

For more information, see Sex Offender Registration Requirements & CA Tier System for Sex Offenders.

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In addition to the penalties listed above, if found guilty of PC 288.2 crimes, the defendant could face any of the following penalties: deportation (non-U.S. citizens), loss of a professional license (i.e. doctors, dentist, lawyers, therapist, etc.), fines and fees, criminal protective orders, restitution, denial of entry into the armed services, civil lawsuits, and more.

PC 288.2 Defenses

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Defenses to penal code 288.2 criminal charges include, parent sending or showing non-graphic sexual images to a minor child in order to educate the minor child with legitimate sex education.

It is also a defense specific to PC 288.2 charges to show that the images sent to a child were in connection with legitimate scientific or education purposes.

General defenses to a charge of sending harmful matter to a child include statute of limitations, insanity, illegal search and seizure, insufficient evidence of possession, coerced confession, mistake of fact as to the minor child’s age, and more.

For more information on defenses to PC 288.2 crimes, including a discussion of the statute of limitation defense and the entrapment defense, see Sex Crimes Defense Options.

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If you have been arrested or charged with sending harmful matter to a minor child with intent to seduce, or PC 288.2, contact our sex crimes criminal defense lawyers today for a free consultation.

Our sex crimes defense lawyers have helped hundreds of clients charged with felony and misdemeanor sex crimes in the Inland Empire, including PC288.2(A)(2)-F: Distributing Pornography to a Minor. Call today.

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909-913-3138

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