Sex crimes involving children are punished very harshly in the state of California. Individuals can face charges for using force or fear to perform lewd acts with a child. The court uses Penal Code 288b1 to prosecute this crime.
PC 288b1 violations are felony charges. This means that a conviction under PC 288b1 could result in prison time. Call the Simmrin Law Group for help today at (310) 896-2723.
Lewd Conduct
The state of California considers lewd conduct to be against the law even if it involves adults. Lewd acts occur when someone willfully and purposefully:
- Touches someone for a sexual purpose
- Causes someone to touch themselves for a sexual purpose
- Causes someone to touch another person for a sexual purpose
Individuals only commit a lewd act if they intend to general sexual arousal. Sexual intercourse does not have to occur for a lewd conduct charge to apply. In fact, individuals can face this charge even if they do not touch the child under their clothing.
PC 288b1 Charges
Lewd conduct is against the law in California, per PC 288b1. Individuals face PC 288b1 charges if they engage in lewd conduct with a child under the age of 14 after using fear or force on the child.
Force refers to the use of physical violence. Holding someone down is an example of using force. Individuals use fear when they threaten someone with physical harm. The use of force or fear makes a lewd conduct charge more serious.
Lewd conduct involving a minor is an example of child molestation or child sexual abuse. These acts are sex crimes in California. A criminal defense lawyer in Los Angeles can help you fight these sex crime charges. Find out more by calling (310) 896-2723.
Results of a PC 288b1 Conviction in California
Lewd acts with a child using force or fear is a felony in California. This is more serious than a misdemeanor sex crime charge. Felony charges can lead to prison time in California. Individuals could end up spending 10 years in prison for a PC 288b1 conviction.
Additionally, individuals may need to pay court fines. The court may also order an individual to pay restitution to the child hurt by the sex act. A conviction also requires individuals to register as sex offenders in California.
All individuals convicted of a PC 288b1 charge must register as sex offenders for the rest of their lives. Failure to register as a sex offender is a criminal act in California. This could lead to additional time behind bars and other fines. A sex crimes lawyer in Los Angeles can help you fight those charges that would mandate registering as a sex offender.
Defenses against a PC 288b1 Conviction
If you were accused of a PC 288b1 violation in California, your lawyer can help you fight these charges. Your lawyer can help you prove that:
The Alleged Act Didn’t Involve a Child
PC 288b1 charges should only apply if a lewd act was performed on someone under the age of 14. You may be able to face this charge if the other individual was over the age of 14. However, you could still face charges for lewd conduct.
You Did Not Use Force or Fear
Force or fear must be present for a PC 288b1 conviction. Your lawyer can work to show that you did not use violence or fear to intimidate the other person. Other lewd conduct charges could still apply, however, which is why you need legal help on your side.
Let Us Help You Fight a PC 288b1 Charge
Penal Code 288b1 charges are very serious in California. The Simmrin Law Group can help if you were accused of lewd conduct involving a child. Reach out to us for a free consultation at (310) 896-2723, or fill out our online contact form.