Penal Code 288.4 deals with the act of arranging a meeting with a minor for lewd purposes in the state of California. Lewd purposes are associated with sexual interest in a minor.
PC 288.4 is considered a “wobbler.” This means that the charge may lead to either misdemeanor or felony charges. This act is treated more seriously if someone actually attends a meeting with a minor.
Charges Associated with Arranging a Meeting with a Minor for Lewd Purposes in California
PC 288.4 is an example of a sex crime in California. This charge includes three main “elements” which must be present for a PC 288.4 violation to occur. These elements include:
- Setting up a meeting with a minor, or
- Setting up a meeting with someone an individual believes to be a minor
- Due to sexual interest in said minor
Additionally, individuals must act with specific intent while setting up a meeting with a minor to violate PC 288.4. During this meeting, for a PC 288.4 violation to occur, an individual must plan on:
- Exposing their genitals
- Getting a minor to expose their genitals
- Taking part in lewd behavior
PC 288.4 charges are fairly complicated. An individual does not have to successfully go to a meeting with a minor to face this charge. Merely setting up the meeting is enough to cause a PC 288.4 conviction.
Lewd Behavior in California
Lewd behavior deals with specific unlawful actions in California. Individuals engage in lewd conduct if they touch another person in order to stimulate sexual arousal. Lewd conduct also occurs if someone makes another person touch themselves or someone else for sexual purposes.
This touching does not have to occur only on the genitals. Inappropriate touching may occur anywhere on someone’s body, even over an individual’s clothes. Additionally, some acts of lewd conduct do not involve minors at all.
Lewd conduct charges may apply any time an individual is touched for the purpose of sexual arousal. A criminal defense lawyer in Los Angeles may help you better understand how to fight lewd conduct charges. Find out more by calling (310) 896-2723.
Penalties for a PC 288.4 Conviction in California
PC 288.4 is a wobbler in California. Wobblers are special charges. Prosecutors can treat them as misdemeanors or felonies. The prosecution looks at the facts of the case and the accused’s criminal history when making this decision.
Misdemeanors and felonies lead to different penalties. A misdemeanor conviction may result in:
- Fines of up to $5,000
- Jail time of up to one year
Felony convictions, on the other hand, may lead to:
- Fines of up to $10,000
- Prison time of up to four years
Individuals only face felony charges for a PC 288.4 charge in specific circumstances. The prosecution may treat this act as a felony if the individual has a past sex crime conviction on their record. Typically, the prior charge must require an individual to register as a sex offender for PC 288.4 to count as a felony.
Individuals may also face felony charges if they attended a meeting with a minor for lewd purposes. Additionally, anyone convicted under PC 288.4 must register as a sex offender. Felony convictions require lifetime registration as a sex offender.
Defenses for Arranging a Meeting with a Minor for Lewd Purposes
PC 288.4 accusations do not automatically lead to a conviction in court. A sex crime lawyer in Los Angeles can defend you if you face these charges. Your lawyer can then work to show that:
- You had no intention of performing a lewd act
- You thought you were setting up a meeting with an adult
Additionally, some cases involving PC 288.4 deal with entrapment. This may occur if police officers try to force or pressure you into committing a criminal act.
Learn More About How to Fight Penal Code 288.4 Charges Right Now
It is against the law to arrange a meeting with a minor for lewd purposes. This act is prosecuted under Penal Code 288.4 in California. PC 288.4 is an example of a sex crime charge. The Simmrin Law Group can help you handle a sex crime accusation. Find out more by contacting a criminal defense lawyer in Los Angeles for help. Our team at the Simmrin Law Group offers a free consultation.
Find out more by calling (310) 896-2723 or by filling out our online contact form.