A lewd and lascivious act upon a child under the age of fourteen (14), that results in injury or bodily harm to the child, is classified as a serious and violent felony under California law (PC 288(i)).

 

The following is a brief summary of the law, punishment and common defenses related to PC 288(i) charges. For further information contact our sex crimes criminal defense lawyers for a free a free consultation.

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PC 288(i) Law

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PC 288(i): A person convicted of …lewd and lascivious act upon a child under fourteen (14), that results in injury or bodily harm to the child…, shall be imprisoned for life with the possibility of parole (PC 288(i) & PC 288(a) Abbrev.).

 

Lewd and Lascivious Act: For purposes of PC 288(i) law, a lewd and lascivious act is inappropriate sexual touching that is intended to arouse, appeal to, or gratify the lust or sexual desires of the defendant or the child.

 

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.

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The inappropriate sexual touching does not have to be skin to skin contact for PC 288(i) to apply.

 

Additionally, the inappropriate sexual touching can involve any part of the child or the defendant under Penal 288(i) law.

 

Bodily Harm: “bodily harm” means any substantial physical injury resulting from the use of force that is more than the force necessary to commit the offense (PC 288(i)(3)).

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PC 288(i) Punishment

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Prison Sentence: A violation of PC 288(i) is classified as a felony. If found guilty of penal code 288(i), the defendant could face life in prison with the possibility of parole after fifteen (15) years in prison.

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Probation Sentence: A probation sentence is not available in PC 288(i) cases.

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Suspended Prison Sentence: Neither a “suspended” prison sentence, nor a “split” prison sentence is available in PC 288(i) cases (PC 1170(H)).

 

Additionally, a penal code 288(i) conviction will result in a state prison sentence, as opposed to a county jail sentence (PC 1170(H)).

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Strike Offense: The crime of lewd and lascivious act upon a child causing injury is a "strike" offense under California Three Strikes Law Sentencing (PC 667.5 & 1192.7).

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Sex Offender Registration: If found guilty of lewd and lascivious act upon a child under fourteen (14), that results in injury or bodily harm, the defendant will be required to register as a sex offender for life (PC 290 Tier Three Registration).

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Additional Penalties: If found guilty of lewd and lascivious act upon a child under fourteen (14), that results in injury or bodily harm, the defendant may suffer all of the following additional punishments: criminal protective orders (CPO), discharge from military, loss of immigration status, loss of a professional license, civil lawsuits, restitution to victims, court fees and fines, and more.

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PC 288(i) Defenses

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Every lewd and lascivious act upon a child that result in injury case is different. As such, a defense to these types of criminal allegations must be uniquely tailored to meet the specific facts.

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With that in mind, common defenses to PC 288(i) cases tend to include: coerced confessions, illegal search and seizure of evidence, lack of injury or bodily harm to the child (resulting the lesser charged of PC 288(a)), insufficient evidence to prove the allegations (witness or scientific evidence credibility issues, insanity, and more.

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Non-Defenses

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Statute of Limitations: There is no statute of limitations in penal code 288(i) cases. This means the district attorney may commence a prosecution against the defendant in a PC 288(i) case at any time, even if many decades have passed since the date of the alleged offense.

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Consent of Victim: A child under fourteen (14) cannot legally consent to sexual conduct. As such, there is no defense of consent in a lewd and lascivious act w/child under 14 resulting in injury case.

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For more information on defenses to lewd and lascivious act upon a minor under fourteen (14), that results in injury or bodily harm, see Defense to Sex Crimes.

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If you or a loved one is charged with PC 288(i), lewd and lascivious act upon a minor under 14 with bodily harm, contact our sex crimes criminal defense attorneys for a free consultation.

 

Our experienced and dedicated team or criminal defense lawyers have helped hundreds of defendants charged with all lewd and lascivious act crimes (PC 288 Crimes), and more. Call today!

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909-913-3138

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