Monday, July 1, 2013

California "Lewd Acts" Law: Child Molestation Penal Code 288a PC Criminal Defense Attorney San Bernardino County

California has many laws which might be considered "Child Molestation." Most of the laws on child molestation are found under California Penal Code Section 288 PC.

In California, child molestation is better known as "Lewd Acts on a Minor." The most common charge is probably penal code section 288(a), which is charged where the defendant is alleged to have sexually touched a minor under the age of fourteen. However, there are many subsections under penal code section 288 which may be charged depending on the facts of each case.

The exact lewd act charge depends on factors such as the defendant's age, the child's age, the presence or absence of observable injury to the child, and the type of touching that was alleged to have occurred. For example, sodomy with a child under the age of ten would have a different charge under penal code 288 then would the mere sexual touching of a child who is over the age of fourteen. Different 288 charges carry different punishments. Below is a brief list of the different types of penal code 288 charges and the their related possible prison sentences. In addition to jail sentences, if the defendant is convicted of any 288 PC charge he or she will also face possible life-time sexual registration requirement, possible immigration consequences, huge monetary fines, possible civil lawsuits, and more.

Child molestation charges are emotionally difficult. The time and energy that goes into defending child molestation claims are impossible to imagine. In most cases, the evidence is only the statements of the child and yet, the consequences could be a life-time in prison. In most cases jurors, prosecutors, police, and others are reluctant to assist. Most people are biased against defendants charged with child molestation even in cases where there is very little evidence to support the allegation. Furthermore, the prison sentences are longer for child molestation conviction than for that of most other crimes. Moreover, the statute of limitations for child molestation charges is longer than most other crimes.

Closely associated charges to California penal code section 288 PC include:
PC 288(a) Lewd Act on child under 14 [Possible eight year prison sentence]
PC 288(a) Lewd Act on Child under 14 with injury [Possible life sentence]
PC 288(b) Lewd Act on Child with force [Possible 8 year prison sentence]
PC 288(b)(1) Lewd Act on Child with force [Possible 10 year prison sentence]
PC 288(b)(2) Lewd Act by caretaker on dependent [Possible 10 prison sentence]
PC 288(c)(1) Lewd Act on child [Possible 3 year prison sentence]
PC 288(c)(2) Lewd Act by caretaker on dependent [Possible 3 year prison sentence]
PC 288(i) Lewd Act on child with injury [Possible life sentence]
PC 288a(b)(1) Oral Copulation with child [Possible 3 year prison sentence]
PC 288a(b)(2) Oral Copulation with child by force [Possible 3 year prison sentence]

To learn more about child molestation laws and defenses to child molestation charges contact an experienced San Bernardino County criminal defense attorney today. Criminal Defense attorney Christopher Dorado represents defendants accused of lewd acts under penal code 288 PC in San Bernardino County, including the cities of Redlands, Fontana, Yucaipa, Colton, Rialto, Victorville, Rancho Cucamonga, Ontario, Riverside and more. Initial consultations are free and we offer 24/7 emergency service.  Call Today! 909.913.3138