Lewd or Lascivious Acts with Child
Under 14Yrs by Force
Law, Penalties, & Defense
Information on the crime of lewd and lascivious act on a minor under the age of fourteen (14) by use of force is found at California penal code section 288(b)(1) [PC288(b)(1)-F]. The following is a short summary of the law and punishment related to PC 288(b)(1).
PC 288(b)(1) Law
PC288(b)(1): A person who willfully and lewdly commits any lewd or lascivious act upon a child who is under the age of fourteen (14), by use of force, violence, duress, or fear of immediate and unlawful bodily injury on the victim or another person, is guilty of lewd and lascivious act upon a child under fourteen (14) by use of force (PC288(b)(1)-F Abbrev.).
Lewd Act Defined: A lewd and lascivious act means an inappropriate sexual touching. The inappropriate sexual touching can be either when the child is touched by the defendant, or when the defendant is touched by the child as directed or forced by the defendant.
The inappropriate sexual touching does not have to be skin to skin contact for PC 288(a) to apply. Additionally, the inappropriate sexual touching can involve any part of the child or the defendant under Penal 288(a) law.
PC 288(b)(1) Punishment
PC 288(b)(1) Prison Sentence: Lewd and lascivious act upon a on a minor under fourteen (14) by use of force is charged as a felony. If found guilty of PC 288(b)(1), the defendant may face up to ten (10) years in prison for each PC 288(b)(1) conviction.
Probation Sentences: A probation sentence in a PC 288(b)(1) case is a period of supervision instead of a prison sentence. Probation sentences are allowed in 288(b)(1) cases, but a probation sentence after a conviction of PC 288(b)(1) will only be granted if the judge finds that special circumstances are present in the case that justify a probation sentence, the interest of justice are best served by granting a probation sentence, the community will not be place in danger with a grant of probation, and other factors.
Suspended Prison Sentence: Suspended and split prison sentences are not available in PC 288(b)(1) cases. This means that if the defendant is convicted of lewd and lascivious acts upon a child under the age of fourteen (14) by use of force, and the defendant does not receive a probation sentence, 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).
Sex Offender Registration: If found guilty of lewd and lascivious acts upon a minor under fourteen (14), the defendant will be ordered to register as sex offender with local law enforcement for at least twenty (20) years. For more information, see Sex Offender Registration Requirements.
Three Strikes Offense: Lewd and lascivious act upon a on a minor under fourteen (14) by use of force is a strike offense under California's Three Strikes Law. PC 288(b)(1) is considered both a violent offense, and a serious offense under California Three Strikes Law.
Immigration Consequences: Non-U.S. citizens convicted of PC 288(b)(1) may be deported, denied naturalization, and denied reentry into the United States. Also, for purposes of immigration consequences, PC 288(b)(1) is a classified as a crime involving moral turpitude and a crime of violence.
Fines: Upon the conviction of a person for a violation of PC 288(b)(1), the court may, in addition to any other penalty or fine imposed, order the defendant to pay an additional fine not to exceed ten thousand dollars ($10,000). In setting the amount of the fine, the court shall consider any relevant factors, including, but not limited to, the seriousness and gravity of the offense, the circumstances of its commission, whether the defendant derived any economic gain as a result of the crime, and the extent to which the victim suffered economic losses as a result of the crime (PC 288(e)(1) Abbrev.).
Collateral Penalties: In addition to the punishments and sentences listed above, if found guilty of lewd and lascivious act upon a minor under fourteen (14) by use of force, the defendant may face all of the following penalties: increased penalties for subsequent misdemeanor or felony convictions, 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.
Note: For common defenses related to Penal Code 288(b)(1) criminal charges, including a discussion of the application of the statute of limitations defense in PC 288(b)(1) cases, please see Defense Strategies in Sex Crimes Cases.
If you or a loved one is charged with California penal code section 288(b)(1) [lewd and lascivious act upon a child under fourteen (14) by use of force], call our sex crimes criminal defense lawyers today. Our law firm has successfully represented hundreds of defendants charged with felony and misdemeanor sex crimes in every San Bernardino and Riverside County criminal court. Your consultation is free and discreet for first-time, in-office visits. Call today!