California uses many different laws to protect minors from sexual abuse, and one of these laws is Penal Code 288.2 PC: Sending Harmful Matter of Intent With Seducing Minor. This charge is used to prosecute individuals who send harmful material to a minor.
In this case, harmful material refers to content that is sexually charged or considered obscene material. Harmful matter sent with the intent of seduction is a serious charge that may involve explicit material, lascivious behavior, or even pornographic material.
Learn more about this California Penal Code by reading on.
Definition of Harmful Materials and Delivery Methods
PC 288.2 is a fairly complicated charge in California. The court system provides a lot of information about sending harmful materials to a minor. First, let’s consider the definition of “harmful material.” These are materials that:
- Portray sexual conduct in a way that is offensive
- Show “prurient” interest in sex or nudity
- Do not have political, educational, artistic, or literary value
“Prurient” content involves an excessive interest in sexual gratification. A reasonable person—or average adult person—would likely consider such material offensive or inappropriate. Any material in question that meets this standard may be considered harmful matter.
This content can be sent to a minor through any medium, including text messages, emails, the U.S. Postal Service, or online services. Law enforcement officers may monitor such communication, and even first-time offenders can face criminal charges.
For a free legal consultation with a lawyer serving California, call (310) 896-2723
Age Limits and Intent Requirements
California defines minors as individuals under the age of 18. Sending indecent materials or explicit content to anyone below this age may result in serious criminal consequences. These penalties can apply even if the accused believed the recipient was over 18, particularly if they:
- Should have known the minor was under 18
- Failed to take reasonable care to verify the child’s age
To be convicted under PC 288.2, a person must also act with specific criminal intent. The individual must intend to arouse either their own or the minor’s sexual desire, or act for lewd purposes. This includes attempting to entice a minor into:
- Sexual intercourse
- Sexual activity
- Oral copulation or other forms of sexual contact
Actual physical contact or bodily harm does not need to occur for charges to apply. Even planning or messaging for lascivious conduct or lewd behavior with minors can lead to prosecution. A criminal defense lawyer in Los Angeles can help defend innocent people accused of sex offenses.
Criminal Defense Lawyer Near Me (310) 896-2723
Potential Penalties for PC 288.2
PC 288.2 is classified as a “wobbler” offense. Prosecutors may charge it as either a misdemeanor or a felony, depending on the circumstances, any previous conviction, and the intent of seduction.
A misdemeanor conviction may result in:
- Fines of up to $1,000
- Months in county jail
- Misdemeanor probation
Felony convictions carry more severe penalties, including:
- Fines of up to $10,000
- Up to three years of prison time or felony probation
- Lifetime sex offender registration
Convicted sex offenders face severe penalties and collateral consequences such as loss of firearm rights, moral turpitude designations, and significant social stigma. Legal penalties may follow a person for the rest of their life, even for conduct with adults that is later misunderstood.
Legal Defenses to PC 288.2 Charges
There are valid defenses available for individuals facing these charges. An experienced defense lawyer can raise common defenses based on constitutional rights, intent requirements, or lack of evidence.
Some common strategies include:
- The material was not harmful: If the material in question had artistic or educational value, it may not qualify as harmful matter.
- No intent to seduce: If there was no criminal intent or intent of seduction, charges may not stand.
- Mistaken identity: Often, defendants are falsely accused or confused with a real person who committed the act.
- Entrapment by law enforcement: Officers may sometimes encourage actions a person would not otherwise commit.
- Insufficient evidence: Without key evidence beyond a reasonable doubt, district attorneys may not secure a conviction.
A strong defense may lead to a case dismissal or reduced penalties for violation of the law. Legal representation from a criminal defense law firm can protect your rights and build effective defense strategies.
Complete a Free Case Evaluation form now
Call Simmrin Law Group Today if You Are Facing Sex Crime Charges
The California courts use Penal Code 288.2 PC: Sending Harmful Matter of Intent With Seducing Minor to prosecute harmful matter sent to minors.
A conviction can lead to jail time, physical harm to reputation, and severe consequences, including lifelong consequences tied to sex offender registration. These are not charges you should face alone. Contact Simmrin Law Group for a confidential consultation.
Simmrin Law Group has extensive experience in handling sex crimes cases. If you are facing a charge, contact us for an initial consultation. We understand how damaging sex crime charges can be and will work hard to defend your case.
For more answers, visit our FAQ page.
Call or text (310) 896-2723 or complete a Free Case Evaluation form