Information on the crime of Arranging to Meet a Minor to Engage in Lewd Conduct is found at California penal code sections 288.4. The following is short summary of the law and penalties related to PC 288.4 crimes.

 

PC 288.4 Law

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PC 288.4(a)(1): Every person who, motivated by an unnatural or abnormal sexual interest in children, arranges a meeting with a minor, or a person he or she believes to be a minor, for the purpose of either:

 

• exposing his or her genitals or pubic or rectal area,

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• having the child expose his or her genitals or pubic or rectal area, or

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• engaging in lewd or lascivious behavior, is guilty of arranging a meeting with a minor to engage in lewd conduct, a misdemeanor (PC288.4(a)(1) Abbrev.).

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PC 288.4(a)(2): Every person who violates PC 288.4(a)(1) [Above], and who has a prior conviction for a sex crime listed in PC 290(c) [sex offender registerable sex crime], is guilty of arranging a meeting with a minor to engage in lewd conduct, a felony (PC288.4(a)(2)-F Abbrev.).

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PC 288.4(b): Every person who violates PC 288.4(a)(1), and who actually goes to the arranged meeting place at or about the arranged time, is guilty of arranging a meeting with a minor to engage in lewd conduct, a felony (PC288(b)-F) Abbrev.)

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Lewd Act Defined: A lewd act offensive and obscene illegal sexual conduct, which is intended to sexually arouse the offending person, or the victim of the offending person.

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PC 288.4 Punishment

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Misdemeanor PC288.4(a)(1)-M: If the defendant is found guilty of arranging a meeting with a minor to engage in lewd conduct, he or she may face up to one (1) year in the county jail.

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Felony PC288.4(a)(2)-F Prison Sentence: If the defendant is found guilty of arranging a meeting with a minor to engage in lewd conduct, and he or she has a prior conviction for a registerable sex offense, he or she may face up to three (3) years in a California state prison.

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Felony PC288.4(b)-F Prison Sentence: If the defendant is found guilty of arranging a meeting with a minor, and the defendant goes to the arranged meeting, then the defendant may face up to four (4) years of incarceration in a California state prison.

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Probation Sentences: A probation sentence in a PC 288.4 case is a period of supervision instead of a jail or prison sentence. Probation sentences are allowed in all 288.4 cases, but a probation sentence after conviction of PC 288.4 is not guaranteed.

 

Note: The availability of a probation sentence after a PC 288.4 conviction depends on the facts of the case, the sophistication of the crime, the defendant’s criminal history, and more. For more information, see Probation & Parole for CA Sex Crimes.

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Suspended Sentence: Suspended and split prison sentences are not available in felony PC 288.4 cases. This means that if the defendant is convicted of arranging a meeting with a minor to engage in lewd conduct, as a felony, then the defendant must serve his or her prison sentence in a California state prison, as opposed to a local county jail, and no part of that prison sentence may be served out of custody on work release or electronic monitoring (house arrest).

 

Note: Split and suspended jail sentence are allowed in misdemeanor cases of PC288.4(a)(1).

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Sex Offender Registration: If found guilty of any PC 288.4 crime, the defendant will be ordered to register as sex offender with local law enforcement for at least twenty (20) years [Felony PC 288.4], or ten (10) years [Misdemeanor PC288.4(a)(1)-M convictions]. For more information, see Sex Offender Registration Requirements.

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Three Strikes Offense: To arrange a meeting with a minor for a lewd act is not a strike offense under California's Three Strikes Law. However, per PC 1170.12, a felony conviction of either PC 288.4(a)(2), or PC 288.4(b), may trigger a “third strike” under California’s Three Strikes Law if the defendant has previously amassed two or more prior serious or violent felony convictions.

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Immigration Consequences: Non-U.S. citizens convicted of PC 288.4 crimes may be deported, denied naturalization, and denied reentry into the United States. Also, for purposes of immigration consequences, PC 288.4 crimes are classified as crimes involving moral turpitude and crimes of violence.

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Collateral Penalties: In addition to the punishments and sentences listed above, if found guilty of arrange to meet a minor for a lewd purpose, the defendant may face all of the following penalties: increased penalties for subsequent misdemeanor or felony convictions, penalty fines and fees, victim restitution orders, criminal protective orders, loss or suspension of a professional license, loss of the right to own and possess firearms, loss of military service opportunities, civil lawsuits, and more.

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Note: For common defenses related to Penal Code 288.4 criminal charges, including a discussion of the application of the statute of limitations defense, and the application of reasonable mistake as to the age of the alleged victim, please see Sex Crimes Defense Strategies.

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If you or a loved one is criminally charged with California penal code section 288.4 [Arranging a meeting with a minor to engage in lewd conduct], contact our sex crimes criminal defense lawyers today. Our law firm has successfully represented hundreds of defendants charged with all felony and misdemeanor sex crimes in every San Bernardino and Riverside County criminal court. Your consultation with an award-winning and highly-experienced defense lawyer is free and discreet for first-time, in-office visits. Call today!

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909-913-3138

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