Being charged with lewd or lascivious acts with child under 14 years under California Penal Code § 288(a) is one of the most serious accusations someone can make. The consequences go far beyond prison time—resulting in mandatory sex offender registration, lifelong stigma, and sometimes enhanced sentencing under special laws. David P. Shapiro Criminal Defense Attorneys help people in San Diego and across California understand the law, defend their rights, and navigate these difficult situations.
What Does PC § 288(a) Cover?
California Penal Code § 288(a) makes it a felony to willfully commit a lewd or lascivious act with a child who is under the age of 14, with the intent of arousing or gratifying sexual desires of the perpetrator or of the child.
Key points:
- The defendant must act willfully—that is, purposely—not by accident.
- The act can involve any part of a child’s body. It doesn’t need to be intimate or sexual organs specifically, and touching through or under clothing can qualify.
- The intent must be sexual: intended to arouse, appeal to, or gratify sexual desires.
- The victim must be under 14 years old at the time of the act.
Because of how serious this law is, allegations under § 288(a) are always prosecuted as a felony.
Penalties: What You’re Facing If Convicted
If someone is convicted under PC § 288(a), the penalties are severe and multi‑layered. Here’s what typically comes into play:
- Prison sentence: The standard punishment is 3, 6, or 8 years in state prison.
- Fines: Up to $10,000 in fines may be imposed depending on circumstances.
- Sex offender registration: A conviction under PC 288(a) requires registering as a sex offender under California law. This registration imposes long‑term obligations (reporting changes of address, etc.) and often public exposure.
- Collateral consequences: These include loss of certain civil rights, possible immigration consequences if not a citizen, restrictions on where you can live or work, professional license issues, and reputation damage.
- “Three Strikes” implications: The offense under § 288(a) is considered a strike under California’s Three Strikes law. If someone has prior serious or violent felonies, this could result in significantly increased sentencing exposure.
Aggravated Versions and Enhancements
There are other related or more serious versions of lewd act charges which can raise penalties further:
- Force, Duress, or Fear (PC § 288(b)(1)) — when the act is committed by force, violence, duress, menace, or fear of unlawful bodily injury, penalties increase.
- Caretaker of Dependent Person — if the perpetrator is acting as a caretaker of a dependent child and uses force or fear, enhanced penalties apply.
- Bodily Harm – If bodily injury is inflicted on the child under 14, often “One Strike” laws may apply, which can include sentences of 25 years to life.
What Prosecutors Must Prove
To secure a conviction, prosecutors must prove every element beyond a reasonable doubt, including:
- The defendant physically touched the child, or caused the child to touch themselves or someone else, either directly or through clothing.
- That the act was lewd or lascivious — done for sexual intent.
- That the child was under 14 years old.
Any deficiency in proving one of those elements might result in an acquittal or reduce to a lesser charge, depending on the facts.
Defenses & Common Legal Strategies
Although these cases are grave, there are defensible angles in many instances. A skilled defense attorney will explore:
- Mistake of fact – for example, if the defendant did not know the child’s age and believed them to be older. Sometimes this can reduce the charge or help avoid certain enhancements.
- Lack of sexual intent – establishing the touching was not done for arousal or sexual gratification. If intent can’t be proven, the law may not apply.
- False accusations or misidentification – especially in interviewing children, where unreliable statements, pressure, or suggestive questioning may occur. Valid identification evidence is crucial.
- Constitutional violations – illegal search & seizure, violation of Miranda rights, or evidence obtained improperly may be suppressed.
Why Legal Representation Matters Deeply
Because the stakes are exceptionally high under PC § 288(a), having experienced legal counsel is critical. The consequences of a conviction affect not just immediate freedom but your future:
- Time in state prison
- Long‑term obligations as a sex offender
- “Strike” status under Three Strikes law
- Lifelong repercussions: employment, housing, family relationships, immigration
David P. Shapiro Criminal Defense Attorneys offer clients:
- Deep familiarity with sex crime statutes like PC § 288(a)
- Defense strategies built around challenging evidence, intent, and procedural issues
- Guidance through mitigating factors and recognizing when the law offers defenses or reductions
What to Do If You’re Charged
If someone is charged under lewd or lascivious acts with child under 14 years (PC § 288(a)):
- Do not speak to law enforcement about the allegations without an attorney present
- Preserve evidence, statements, communication records
- Get legal advice immediately— time matters, especially in sex crime cases
- Understand the full scope of likely penalties, including prison, registration, and enhancements
For more in‑depth information about PC § 288(a), possible defenses, sentencing ranges, and how the law is applied, visit the page on lewd or lascivious acts with child under 14 years by David P. Shapiro Criminal Defense Attorneys.
