Lewd or Lascivious Acts with a Child Aged 14 or 15 (Penal Code § 288(c)(1)) in California

Facing charges under California Penal Code § 288(c)(1) for lewd acts with a minor aged 14 or 15 is a serious situation that requires immediate attention. This specific charge targets sexual conduct with older teens when there’s a significant age difference between the parties.

At David P. Shapiro Criminal Defense Attorneys, we’ve helped many San Diego clients navigate these complex charges. If you’re under investigation or have been charged, understanding the specifics of this law is the first step toward protecting your rights and building an effective defense.

What is Penal Code § 288(c)(1)?

California Penal Code § 288(c)(1) specifically addresses lewd or lascivious acts with children who are 14 or 15 years old when the accused person is at least 10 years older than the minor. This section states:

“A person who commits an act described in subdivision (a) with the intent described in that subdivision, and the victim is a child of 14 or 15 years, and that person is at least 10 years older than the child, is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year.”

This statute targets a specific age range and circumstance, distinguishing it from other sex crimes involving minors in California’s criminal code.

Key Elements Prosecutors Must Prove

For a conviction under PC § 288(c)(1), prosecutors must establish beyond a reasonable doubt:

1. You committed a lewd or lascivious act upon a minor – This means touching any part of the minor’s body
2. The minor was 14 or 15 years old at the time of the act
3. You were at least 10 years older than the minor – This age difference is calculated precisely from birth dates
4. You acted with sexual intent – The touching was done with the intent to arouse, appeal to, or gratify sexual desires

Each of these elements must be proven for a conviction. If the prosecution fails to establish any single element, you cannot be convicted of this specific offense.

What Qualifies as a “Lewd or Lascivious Act”?

Under California law, a lewd or lascivious act refers to:

• Touching of a child’s body (over or under the clothes)
• Done with sexual intent

Importantly, the touching doesn’t have to be of a sexual organ or intimate part of the body. Any physical contact with any part of the child’s body can qualify if it was done with sexual intent. This could include:

• Touching a child’s arm, leg, face, or hair
• Hugging or embracing a child
• Kissing any part of a child’s body

The distinguishing factor is the intent behind the touching, not the nature of the touch itself.

The Age Requirement Is Strictly Applied

The 10-year age difference requirement in PC § 288(c)(1) is calculated precisely. The law specifies that “the difference in age shall be measured from the birth date of the person to the birth date of the child.” This means:

• A person who is 9 years and 364 days older than a 15-year-old cannot be convicted under this specific statute
• However, they might still face charges under different sections of the California Penal Code

This strict age calculation is a crucial element in these cases and can be a pivotal point in developing a defense strategy.

Penalties for Violating PC § 288(c)(1)

A conviction under Penal Code § 288(c)(1) carries significant consequences:

Criminal Penalties

• Felony: Imprisonment in state prison for 1, 2, or 3 years
• Alternative: Imprisonment in county jail for up to 1 year (this option gives the charge “wobbler” status, meaning it can be prosecuted as either a felony or misdemeanor)
• Fines: Up to $10,000 in additional fines

Additional Consequences

Beyond direct criminal sanctions, a conviction also leads to:

• Sex offender registration: Typically Tier 3 registration for life, under California’s tiered registry system
• Professional impacts: Loss of professional licenses and career opportunities
• Immigration consequences: Potential deportation for non-citizens
• Housing and employment challenges: Difficulty finding housing and employment with a sex crime conviction
• Relationship and custody issues: Potential restrictions on custody and visitation rights

How PC § 288(c)(1) Differs From Other Sex Crimes

California has several laws addressing sexual conduct with minors, and understanding the distinctions is important:

• PC § 288(a) – Targets lewd acts with children under 14, carrying more severe penalties
• PC § 261.5 – Addresses unlawful sexual intercourse with a minor (statutory rape)
• PC § 288(b) – Covers lewd acts with minors committed by force or duress
• PC § 288.5 – Continuous sexual abuse of a child

What makes PC § 288(c)(1) distinct is its specific focus on 14 and 15-year-old victims and the required 10-year age difference. This targeted approach reflects the legislature’s intent to address situations where a significant age gap exists, even when the minor is in their mid-teens.

Common Defense Strategies

Several effective defense strategies may be available depending on the specific circumstances of your case:

Mistaken Age Belief

While not an absolute defense, evidence that you reasonably believed the minor was 16 or older might help mitigate charges or penalties. However, California does not generally recognize mistake of age as a complete defense to these charges.

Challenging the Age Difference

Given the strict 10-year requirement, precisely calculating the age difference based on birth dates can sometimes reveal that this element is not satisfied.

Lack of Sexual Intent

If the touching occurred for a legitimate, non-sexual purpose (such as medical care, hygiene assistance, or accidental contact), this directly challenges a key element of the offense.

False Accusations

Unfortunately, false allegations can arise in various situations, including:

• Custody disputes
• Personal conflicts
• Misunderstandings
• Teenage manipulation or revenge
• Pressure from third parties

Constitutional Violations

If evidence was obtained through illegal search and seizure or other constitutional violations, your attorney may file motions to exclude that evidence.

Insufficient Evidence

The prosecution must prove all elements beyond a reasonable doubt. Often, these cases rely heavily on testimony with limited physical evidence, creating opportunities to challenge the sufficiency of evidence.

Important Case Factors That Can Affect Outcomes

Several factors can significantly impact how these cases are charged and resolved:

Nature of the Relationship

The context of the relationship between the parties often influences how prosecutors approach these cases.

Prior Criminal History

A clean record may provide more favorable negotiation options compared to having prior offenses, especially sex-related crimes.

Quality of Evidence

The strength of evidence varies greatly between cases and affects both prosecution and defense strategies.

Cooperation with Authorities

How you respond to the investigation can sometimes influence charging decisions and potential resolutions.

Community and Family Impact

Courts sometimes consider the broader impact of different sentencing options on families and communities.

What Most People Don’t Understand About These Cases

Several crucial aspects of PC § 288(c)(1) cases often surprise defendants:

1. The touching need not be sexual in nature – Any touching, even over clothing of non-intimate areas, can qualify if done with sexual intent.
2. Consent is not a defense – The law presumes that 14 and 15-year-olds cannot legally consent to sexual activity with someone 10+ years older.
3. Private communications can become evidence – Text messages, emails, and social media interactions often become central evidence.
4. Mandatory reporting laws affect investigations – Teachers, healthcare providers, and other mandated reporters must report suspected abuse, often initiating these cases.
5. Cases can be prosecuted years later – Extended statutes of limitations for sex crimes involving minors allow for prosecution long after the alleged incident.

Frequently Asked Questions

Can these charges be reduced or dismissed?

Yes, depending on case circumstances. Possibilities include charge reductions, diversion programs (in limited situations), or dismissals when evidence is insufficient.

Is registration as a sex offender mandatory?

Generally yes. Most convictions under PC § 288(c)(1) require registration as a Tier 3 offender for life. However, SB 384 created a tiered registry system with potential pathways to eventual removal from the registry.

How does the prosecution prove sexual intent?

Sexual intent is typically established through circumstantial evidence, including:

• Communications between parties
• The nature and context of the contact
• Witness statements
• Pattern of behavior
• Statements made by the defendant

Can I still see my own children if convicted?

A conviction may affect custody and visitation rights. Courts make these determinations based on the best interests of the child, considering the specific circumstances of the conviction and other factors.

What if the minor lied about their age?

Unlike some states, California generally does not recognize mistake of age as a complete defense to these charges. However, it may factor into plea negotiations or sentencing decisions in some cases.

Why Experienced Legal Representation Is Crucial

Charges under PC § 288(c)(1) demand specialized legal representation because:

1. Complex legal standards – These cases involve nuanced legal principles and evidentiary issues
2. Severe consequences – The penalties affect virtually every aspect of your life
3. Strategic decisions – Early case decisions significantly impact the ultimate outcome
4. Emotional challenges – The stigma and stress of these allegations require counsel who can provide both legal and practical guidance

How David P. Shapiro Criminal Defense Attorneys Can Help

Our San Diego defense team brings specific advantages to your case:

• Specialized knowledge of sex crime defense strategies and California law
• Discreet representation that protects your privacy during a sensitive legal process
• Strategic case evaluation identifying weaknesses in the prosecution’s case
• Negotiation expertise for potential charge reductions or dismissals when appropriate
• Trial readiness if taking your case to court becomes necessary

We begin by conducting a thorough evaluation of the evidence, identifying potential legal issues, and developing a defense strategy tailored to your specific situation.

Contact a San Diego Defense Attorney Today

If you’re facing charges under California Penal Code § 288(c)(1), time is critical. Early intervention by an experienced defense attorney can significantly impact the outcome of your case.

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.