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Penal Code 288.5 PC | Continuous Sexual Abuse of a Child
Contents
- 1 Understanding California’s Law on Continuous Sexual Abuse of a Child – Penal Code 288.5 PC
- 1.1 What Does California Law Say About Continuous Sexual Abuse of a Child?
- 1.2 Examples of Continuous Sexual Abuse of a Child
- 1.3 Legal Defenses Against Charges
- 1.4 Penalties for Violating PC 288.5
- 1.5 Immigration Consequences
- 1.6 Getting a Conviction Expunged
- 1.7 Loss of Gun Rights
- 1.8 Related Offenses
- 1.9 Finding a Lawyer for Help
Understanding California’s Law on Continuous Sexual Abuse of a Child – Penal Code 288.5 PC
California’s penal code section 288.5 PC defines the felony crime of continuous sexual abuse of a child under the age of 14. This law makes it illegal for someone with recurring access to a child, like a parent or caregiver, to engage in three or more acts of substantial sexual conduct or lewd acts with a child over a period of at least three months.
This crime carries severe penalties of 6, 12 or 16 years in state prison. But the law is also complex, with specific definitions and legal requirements. This article explains what the law covers, potential defenses, and the consequences of a conviction.
What Does California Law Say About Continuous Sexual Abuse of a Child?
Here is the key text of Penal Code 288.5 PC:
“Any person who either resides in the same home with the minor child or has recurring access to the child, who over a period of time, not less than three months in duration, engages in three or more acts of substantial sexual conduct with a child under the age of 14 years at the time of the commission of the offense, as defined in subdivision (b) of Section 1203.066, or three or more acts of lewd or lascivious conduct, as defined in Section 288, with a child under the age of 14 years at the time of the commission of the offense is guilty of the offense of continuous sexual abuse of a child and shall be punished by imprisonment in the state prison for a term of 6, 12, or 16 years.”
This law applies when the following conditions are met:
- The defendant engaged in at least 3 acts of substantial sexual conduct or lewd/lascivious conduct with a child under 14, AND
- The acts occurred over a time period of at least 3 months, AND
- The defendant either lived with the child or had recurring access to the child.
Let’s break down each of these requirements further.
Sexual Conduct with a Child
The first requirement is that the defendant engaged in at least three acts of substantial sexual conduct or lewd/lascivious conduct with a child.
“Substantial sexual conduct” refers to penetration of a child’s vagina or rectum by the defendant’s penis, or oral copulation with a child. This conduct has to be more than slight penetration.
“Lewd or lascivious conduct” covers a wider range of sexual acts. This includes the defendant touching intimate parts of a child for sexual gratification, causing a child to touch their own or someone else’s intimate parts, exposing themselves to a child for a sexual purpose, or masturbating in front of a child.
Time Period of At Least 3 Months
The sexual acts have to occur over a duration of at least three months. This time frame provides evidence that the sexual abuse was recurring, rather than an isolated incident.
Access to the Child
Finally, the defendant either has to live with the child, like a parent or family member, or have recurring access to the child. This could apply to a teacher, coach, babysitter or other caregiver. The access has to provide the opportunity for the ongoing abuse to happen.
Examples of Continuous Sexual Abuse of a Child
Here are some examples of circumstances that could lead to charges under Penal Code 288.5 PC:
- A mother’s boyfriend molests her 8-year-old daughter on four occasions over a period of six months.
- A teacher groped several students in his 3rd grade class on five occasions over four months.
- A 17-year-old boy snuck into the house next door and engaged in sex acts with a 13-year-old girl on seven occasions over seven months.
- A soccer coach molested players on his team during practices four times over four months.
As these examples show, the abuse has to be recurring and take place over an extended time frame. Isolated incidents or one-time abuse does not qualify under this law.
Legal Defenses Against Charges
Facing charges of continuous child sexual abuse can lead to terrifying consequences like years in prison and sex offender registration. But this complex law also provides opportunities for legal defense. Some common defenses include:
The Child Was Over 13
The law only applies to victims under 14. If the child was 14 or older at the time, you cannot be charged under PC 288.5.
The Contact Was Not Sexual
The prosecution has to prove the defendant engaged in substantial sexual conduct or lewd acts. If the alleged contact was not overtly sexual, you should not be convicted under this statute.
False Accusations
Unfortunately, false accusations happen, especially in bitter custody disputes. If you are falsely accused, an attorney can build a strong defense showing the accuser is not credible.
No Recurring Access to the Child
Prosecutors have to prove the defendant lived with the child or had recurring access like a teacher or caregiver. If you did not have regular access, you should not be charged under this law.
Other defenses are also possible based on the specific facts of your case. An experienced criminal defense lawyer can evaluate the evidence and build the strongest defense to defeat these allegations.
Penalties for Violating PC 288.5
Continuous sexual abuse of a child is a felony offense in California. Potential penalties include:
- Imprisonment in state prison for 6, 12 or 16 years
- Up to $10,000 in fines
- Mandatory sex offender registration under Penal Code 290
- Possible requirement to install GPS monitoring device (Penal Code 1202.8)
- Sex offender parole or probation
Courts have discretion in choosing the prison term, which ranges from 6 to 16 years. Longer terms are likely if there are aggravating factors like multiple victims, violence or threats. The judge will also consider any mitigating factors that could justify a lower sentence.
Immigration Consequences
A conviction under PC 288.5 has severe consequences for non-citizen defendants. It will likely trigger deportation if the defendant lacks US citizenship.
Undocumented immigrants could also be permanently barred from obtaining lawful status in the future. Even green card holders could be stripped of their legal resident status and removed from the country.
Getting a Conviction Expunged
Expungement is the process of having a conviction set aside and removed from your criminal record. But expungements are not allowed under this law.
California prohibits expungements for offenses where the defendant served any time in state prison (as opposed to county jail). Since PC 288.5 requires a prison sentence, expungement is not available.
Loss of Gun Rights
A conviction will also result in losing your Second Amendment gun ownership rights. Federal and state law prohibit gun possession by anyone convicted of a felony.
Prosecutors often charge other related crimes along with Penal Code 288.5:
PC 288 – Lewd Acts with a Child
This statute makes it illegal to commit lewd or lascivious acts with a child under 16. This includes touching intimate parts of a child, causing a child to touch someone sexually, masturbating in front of a child, or exposing oneself to a child.
PC 288a – Oral Copulation with Child
This law prohibits oral sex with a minor under 18. The penalty is up to one year in county jail or imprisonment for 3, 6 or 8 years.
PC 289 – Sexual Penetration with Child
This statute bans sexual penetration of a child under 18 who is not the spouse of the defendant. Penalties are up to one year in county jail or 3, 6 or 8 years in prison.
PC 261.5 – Unlawful Sexual Intercourse
Also known as statutory rape, this law prohibits sexual intercourse with a minor under 18 who is not the spouse of the defendant. There is no need to prove lack of consent.
An experienced criminal defense attorney can help build the strongest defense against charges under PC 288.5 and related statutes.
Finding a Lawyer for Help
Facing charges of continuously sexually abusing a child can ruin your life. But hope is not lost. With an aggressive legal defense, these allegations can be defeated.
A skilled California sex crimes lawyer will thoroughly examine the evidence, identify weaknesses in the prosecution’s case, and build the best defense to avoid a devastating conviction. Don’t wait to get help protecting your future.