Criminal Defense Lawyers

Penal Code 288b1 PC | Lewd Acts with a Child Using Force or Fear

Penal Code 288b1 PC | Lewd Acts with a Child Using Force or Fear

California Penal Code 288b1 PC makes it illegal for someone to commit a lewd act on a child under 14 years old using force or fear. This is a very serious felony offense that can lead to years in prison and lifetime sex offender registration.

What is Penal Code 288b1 PC?

Penal Code 288b1 PC states that it is against the law for a person to willfully touch a child under 14 for sexual purposes, or cause a child under 14 to touch themselves or someone else for sexual purposes, by using force or fear.^

^Some examples of lewd acts with a child using force or fear include:

• An adult threatening to hit a 12-year-old child if they don’t allow the adult to touch their private parts
• An adult slapping a 13-year-old and demanding they take their clothes off
• An adult telling a child they will be harmed if they don’t touch another child sexually

What are the penalties?

Lewd acts with a child using force or fear is a felony offense in California. If convicted, penalties can include:^

^

• 5, 8 or 10 years in state prison
• Lifetime sex offender registration under Penal Code 290 PC

In addition, the judge does not have discretion to grant probation instead of prison in these cases. Jail time is mandatory.

What are the legal defenses?

There are several legal defenses that a California criminal defense lawyer could use to challenge Penal Code 288b1 charges, including:^

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2024-03-21

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• No force or fear was used – If there is no evidence that force or threats were used during the alleged lewd act, this defense may apply. The prosecutor has the burden of proving force or fear beyond a reasonable doubt.
• Child was 14 or older – This law only applies to victims under 14. If the child was 14 or older, a person could potentially be charged under different laws but not 288b1 PC.
• False accusations – Unfortunately, false accusations happen, especially in bitter custody disputes. If there is evidence the accuser is lying or coached to make a false report, this defense may succeed.
• Mistaken identity – Eyewitness misidentification is a common cause of wrongful convictions. If the accuser is mistaken about who committed the acts, a skilled lawyer can show the allegations are unreliable.
• Lack of criminal intent – These charges require proof the defendant acted with sexual intent. If the touching was accidental or for a non-sexual purpose like giving medical care, criminal intent may be lacking.

Related offenses

There are other sex crimes related to Penal Code 288b1 PC, including:^

^

• Penal Code 288(a) PC – Lewd acts with a child under 14 without force or fear. This is a felony punishable by 3, 6 or 8 years in prison.
• Penal Code 288(b)(2) PC – Lewd acts with a dependent adult by force or fear. This applies when a caretaker abuses a dependent or impaired person in their care. It is a felony punishable by 5, 8 or 10 years in prison.
• Penal Code 288i PC – Lewd acts with a child under 14 causing bodily harm. This is a life felony with a mandatory life sentence if convicted.
• Penal Code 261.5 PC – Unlawful sexual intercourse with a minor under 18. This “statutory rape” law makes it illegal for an adult to have sex with a minor, even if it is consensual.

Consequences of a conviction

In addition to years behind bars, a conviction under this statute has severe long-term consequences. California Penal Code 288b1 PC convictions require lifetime sex offender registration.^

^This means the person’s name, photo and address will appear in the state’s online sex offender registry. They will also face residency restrictions on where they can live. Failing to register can lead to new criminal charges.A conviction also causes loss of reputation, relationships, and job opportunities. Many employers conduct background checks and will not hire registered sex offenders.

Legal defenses

As seen above, there are viable defenses to these allegations if handled skillfully. By raising reasonable doubt about any one element, the entire case can be defeated.Some of the most common defenses include:No sexual intentAll lewd acts crimes require sexual intent. If the touching was accidental or done for an innocent purpose like giving medical care, this negates criminal intent.False accusationsUnfortunately, false allegations happen in bitter custody battles, by people with mental illnesses, or when a child is coached. If there is evidence of ulterior motives, inconsistencies or coaching, a skilled California sex crimes lawyer can raise reasonable doubt.Mistaken identityEyewitness misidentification is a frequent cause of wrongful convictions. If the accuser was honestly mistaken in identifying the perpetrator, a conviction can be avoided.No force or fearThe prosecutor must prove force or fear was used beyond any reasonable doubt. If the evidence is lacking, an experienced lawyer can get charges reduced or dismissed.Child was 14 or olderThis law only applies to victims under 14. If the child was 14 or older, the charges should be Penal Code 288(c) instead of 288b1.Lack of criminal intentThese charges require proof the defendant touched the child for sexual gratification. If it was accidental or done for an innocent purpose, criminal intent is negated.

Penalties, punishment and sentencing

Penal Code 288b1 PC lewd acts with a child by force or fear is a felony punishable by:^

^

• 5, 8 or 10 years in California state prison
• Mandatory lifetime sex offender registration under Penal Code 290 PC

Unlike most sex crimes, judges have no discretion to impose probation instead of imprisonment. Jail or prison time is mandatory if convicted.The judge will decide the number of years based on factors like:

• The defendant’s criminal history, if any
• Whether the crime involved multiple victims
• The age difference between the defendant and victim
• Whether the defendant occupied a position of trust
• Whether the defendant inflicted physical harm beyond the lewd acts themselves

In especially egregious cases with very young victims, sentencing enhancements may apply to add additional years. These include:

• Penal Code 667.61 – 15 or 25 years to life for certain sex crimes against children under 14
• Penal Code 1203.066 – Doubling the term if the victim was under 14 and the defendant inflicted physical harm

Expungement

Unfortunately, Penal Code 288b1 convictions can never be expunged under current California law. The conviction remains on the defendant’s record permanently.^^The only option is to petition for a certificate of rehabilitation after completing probation or parole. While this doesn’t destroy the record, it shows the person has been rehabilitated.Some related crimes like misdemeanor indecent exposure or statutory rape can potentially be expunged, but not 288b1 PC lewd acts by force or fear.

Immigration consequences

A conviction under this statute is almost certain to lead to devastating immigration consequences. It will render the defendant deportable and inadmissible.Even people with legal permanent resident (green card) status can be deported and permanently barred from re-entering the U.S. The only option is to try to avoid conviction through plea bargaining or trial.^^

Next steps

Lewd acts allegations must be taken extremely seriously. The consequences of a conviction are severe. The stakes are too high to leave the outcome to chance.Never try to handle these cases alone. The experienced California criminal defense attorneys at [law firm] have helped many people fight back against false accusations and avoid convictions. We offer free consultations to evaluate the options in your particular case.We will carefully examine the evidence, research potential defenses, and advise you on the best way forward. If we take your case, we will aggressively defend your rights at every stage.To schedule a free and confidential case evaluation, call [phone] or complete our online intake form today.

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References

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 https://www.shouselaw.com/ca/defense/penal-code/288b1/^

 https://www.simmrinlawgroup.com/california-penal-code-section-288b1/^

 https://www.shouselaw.com/ca/defense/penal-code/288b1/^

 https://www.shouselaw.com/ca/defense/penal-code/288/^

 https://www.shouselaw.com/ca/defense/penal-code/288b1/^

 https://www.shouselaw.com/ca/defense/penal-code/288b1/^ https://www.keglawyers.com/lewd-acts-minor-by-force-or-fear-penal-code-288b1^ https://www.shouselaw.com/ca/defense/immigration/crimes-of-moral-turpitude/