Table of Contents
What is California Penal Code 288? Understanding Child Molestation Laws
Penal Code 288 is California’s primary law criminalizing lewd or lascivious acts with a child under 14 years old. This serious felony charge carries severe penalties including prison time, mandatory sex offender registration, and lifetime consequences.
Legal Definition of PC 288
Under California Penal Code Section 288(a), it’s illegal to commit any lewd or lascivious act upon or with the body of a child under 14 with the intent to arouse, appeal to, or gratify sexual desires. The prosecution must prove:
- The defendant touched a child under 14
- The touching was done with sexual intent
- The defendant acted willfully
Related California Penal Codes
Several related statutes work alongside PC 288:
- PC 288.5 – Continuous sexual abuse of a child
- PC 288.7 – Sexual acts with children under 10
- PC 288.2 – Sending harmful material to seduce minors
- PC 288.3 – Contact with minor for sexual offense
- PC 288.4 – Arranging meeting with minor for lewd purposes
Types of PC 288 Charges: Understanding the Severity Levels
PC 288(a) – Basic Lewd Acts with Child Under 14
The most common charge under Penal Code 288(a) involves lewd acts with children under 14. This felony carries 3, 6, or 8 years in state prison.
PC 288(b)(1) – Lewd Acts by Force or Fear
When PC 288(b)(1) charges involve force, violence, duress, menace, or fear, penalties increase to 5, 8, or 10 years in prison.
PC 288(b)(2) – Lewd Acts with Child 14-15
For victims aged 14-15, PC 288(b)(2) charges result in 1, 2, or 3 years in prison when the defendant is at least 10 years older.
PC 288(c) – Lewd Acts with Dependent Adults
Penal Code 288(c) addresses lewd acts committed against dependent adults, carrying similar penalties to PC 288(a).
Aggravating Factors
Several factors can enhance penalties:
- Multiple victims
- Use of force or weapons
- Position of trust (teacher, coach, relative)
- Prior sex offense convictions
PC 288 Penalties: Prison Time, Fines, and Sex Offender Registration
Prison Sentences for PC 288 Convictions
| Charge Type | Prison Term | Strike? |
|---|---|---|
| PC 288(a) | 3, 6, or 8 years | Yes |
| PC 288(b)(1) | 5, 8, or 10 years | Yes |
| PC 288(b)(2) | 1, 2, or 3 years | No |
| PC 288(c) | 3, 6, or 8 years | Yes |
Mandatory Sex Offender Registration
All PC 288 convictions require lifetime registration as a sex offender under Penal Code 290. This includes:
- Annual registration with local police
- Public database listing
- Residence and employment restrictions
- Travel limitations
Additional Consequences
- Fines: Up to $10,000
- Restitution: Counseling costs for victims
- Probation: Supervised release with conditions
- Professional licenses: Loss of professional credentials
- Immigration: Deportation for non-citizens
Legal Defenses Against PC 288 Charges: Strategies That Work
False Accusations Defense
Unfortunately, false accusations of child molestation occur frequently. Common motivations include:
- Custody disputes
- Divorce proceedings
- Family conflicts
- Coaching by adults
- Misunderstanding of innocent conduct
Lack of Sexual Intent
The prosecution must prove sexual intent beyond reasonable doubt. Innocent touching during:
- Medical care
- Bathing or hygiene
- Accidental contact
- Appropriate discipline
Constitutional Violations
Common constitutional defenses include:
- 4th Amendment: Illegal searches and seizures
- 5th Amendment: Coerced confessions
- 6th Amendment: Right to counsel violations
- Miranda Rights: Failure to read rights
Insufficient Evidence
Many PC 288 cases rely solely on testimony without physical evidence. Effective defenses challenge:
- Inconsistent statements
- Delayed reporting
- Lack of corroborating evidence
- Questionable interview techniques
PC 288 Investigation Process: What to Expect
Initial Allegations
Investigations typically begin when:
- Child makes disclosure to parent, teacher, or counselor
- Suspicious behavior is reported
- Medical examination reveals concerning findings
- Anonymous tips are received
Law Enforcement Response
Once reported, investigators typically:
- Interview the alleged victim
- Contact family members and witnesses
- Conduct forensic interviews
- Execute search warrants
- Arrest the suspect
Forensic Interviews
Child forensic interviews are crucial evidence. Problems include:
- Leading questions
- Improper interview techniques
- Multiple interviews causing contamination
- Bias in questioning
Digital Evidence
Modern investigations often involve:
- Cell phone forensics
- Computer analysis
- Social media investigations
- Internet history examination
Why You Need an Experienced PC 288 Defense Attorney
Specialized Knowledge Required
Child molestation cases require attorneys with specific expertise in:
- Child psychology and false allegations
- Forensic interview analysis
- Sex crime investigation procedures
- California sentencing laws
Early Intervention is Critical
Hiring an attorney immediately allows for:
- Preventing harmful statements to police
- Preserving exculpatory evidence
- Challenging illegal searches
- Protecting constitutional rights
Case Investigation
Experienced criminal defense attorneys will:
- Interview witnesses independently
- Hire expert witnesses
- Analyze forensic evidence
- Challenge prosecution experts
Negotiation and Trial Skills
Skilled attorneys can:
- Negotiate reduced charges
- Secure dismissals when appropriate
- Present compelling defenses at trial
- Minimize sentencing consequences
Frequently Asked Questions About PC 288 Charges
Can PC 288 charges be dismissed?
Yes, PC 288 charges can be dismissed when there’s insufficient evidence, constitutional violations, or prosecutorial misconduct. An experienced attorney can identify grounds for dismissal.
What if the alleged victim recants?
While helpful, recantation doesn’t automatically result in dismissal. Prosecutors may still proceed, claiming the child was pressured to recant.
Is probation possible for PC 288 convictions?
Probation is rare but possible for PC 288(b)(2) charges involving 14-15 year old victims. Most other PC 288 convictions require prison time.
How long do investigations take?
Investigations can last weeks to months. Complex cases involving multiple victims or digital evidence may take longer.
Can I represent myself?
Self-representation is strongly discouraged. PC 288 charges are complex, and mistakes can result in wrongful convictions and harsh sentences.
What about polygraph tests?
Polygraph results are generally inadmissible in California courts. However, passing a polygraph may help during plea negotiations.
Contact an Experienced PC 288 Defense Attorney Today
If you’re facing Penal Code 288 charges in California, time is critical. The consequences of a conviction are severe and life-altering. Don’t navigate this complex legal situation alone.
At Liberty Bell Law Group, our experienced criminal defense attorneys have successfully defended clients against PC 288 charges throughout California. We understand the intricacies of sex crime law and fight aggressively to protect your rights and freedom.
Call (818) 563-2355 for a confidential consultation. Available 24/7.
What Is a Plea Bargain?
A plea bargain is a negotiated agreement between the prosecution and defense where the defendant agrees to plead guilty or no contest in exchange for reduced charges or a lighter sentence. Plea deals help courts avoid lengthy trials—but they should never be accepted without full legal review.
Types of Plea Bargains in Sex Crime Cases
- Charge Bargaining: Reducing the charge to a less severe offense (e.g., from a felony to a misdemeanor)
- Sentence Bargaining: Agreeing to plead guilty in exchange for a lighter sentence
- Fact Bargaining: Admitting to certain facts to prevent others from being introduced at trial
When Is a Plea Bargain a Good Option?
Plea bargains may be beneficial when:
- Evidence is strong against you
- A trial could lead to harsh penalties
- You want to avoid the emotional stress of a trial
- The deal avoids mandatory sex offender registration
Risks of Accepting a Plea Bargain
- You give up your right to a trial
- The conviction still goes on your record
- You may still face fines, probation, or jail time
- It can impact immigration status, professional licenses, and reputation
Why You Need an Attorney
A skilled sex crime defense lawyer can:
- Evaluate if the plea deal is in your best interest
- Negotiate for the least damaging terms possible
- Challenge evidence to strengthen your bargaining power
- Protect your rights throughout the process
Serving Clients Throughout California
We represent clients in Los Angeles, San Diego, Orange County, Sacramento, San Jose, Riverside, and across California in complex sex crime cases, including plea negotiations and trial defense.
Conclusion
Plea bargains in sex crime cases carry serious consequences. Don’t go into it alone. Consult with a California criminal defense attorney to explore all options, protect your record, and fight for the best possible outcome.
No Confession Doesn’t Mean No Defense
In California, prosecutors often rely on confessions to strengthen their case. But without one, they must build their argument through circumstantial evidence, witness statements, or forensic data. If the case against you relies solely on questionable or weak evidence, you have an opportunity to fight the charges aggressively.
Key Defense Strategies Without a Confession
- Challenging the Evidence: Attack unreliable witness accounts, flawed forensic results, or digital evidence that lacks credibility.
- Unlawful Search and Seizure: If evidence was obtained illegally, it can be excluded from the case.
- Alibi or Lack of Opportunity: Prove you were not at the scene or had no chance to commit the crime.
- Questioning Motives: Expose personal, financial, or custody-related motives behind false accusations.
The Role of a Criminal Defense Attorney
Sex crime defense lawyers know how to build powerful strategies without needing a confession. They can:
- File motions to suppress weak or illegally obtained evidence
- Use private investigators to find holes in the prosecution’s case
- Guide you through statements and court appearances
- Negotiate for reduced charges or full dismissal
Protecting Your Silence
Many defendants feel pressured to speak. But remaining silent is your right—and it can be your strongest tool. Let your lawyer handle all communication with police, investigators, and prosecutors. Anything you say can and will be used against you.
Serving Clients Across California
We represent clients accused of sex crimes in Los Angeles, San Diego, Orange County, San Jose, Sacramento, Fresno, Riverside and beyond. Whether you’ve never confessed or simply want a second chance, we’re ready to fight for you.
Conclusion
Being charged with a sex offense in California without making a confession gives you an opening—if you act fast and smart. Hire a skilled sex crime defense lawyer who can turn that silence into strength and help you reclaim your future.
What Is the Sex Offender Registry?
California’s sex offender registry is a statewide database that tracks individuals convicted of specific sex crimes. Public access to this registry is granted through Megan’s Law, allowing anyone to look up a registrant’s name, photo, and address for certain crimes.
Who Has to Register?
Anyone convicted of qualifying offenses under California Penal Code section 290 must register. Common offenses include:
- Sexual assault or battery
- Child molestation or exploitation
- Possession or distribution of child pornography
- Rape or forced penetration
Understanding the Tier System
As of 2021, California implemented a 3-tier registration system:
- Tier 1: Misdemeanor or low-level felonies, 10-year registration
- Tier 2: Mid-level offenses, 20-year registration
- Tier 3: High-risk or violent offenders, lifetime registration
Your tier level determines eligibility for relief and removal from the registry.
How to Petition for Removal
After completing your registration period, you may petition the court to be removed from the registry. Requirements include:
- No new criminal charges
- Successful rehabilitation
- Favorable risk assessment (in some cases)
- Support from a defense attorney who can present your case
Consequences of Being on the Registry
Registered individuals often face:
- Housing restrictions
- Employment barriers
- Loss of custody or visitation rights
- Public harassment or stigma
Serving Clients Across California
We help individuals navigate registry issues and pursue removal in Los Angeles, San Diego, Sacramento, Riverside, San Jose, Fresno, Orange County, and other California cities.
Conclusion
If you or a loved one is on the sex offender registry in California, there may be a path forward. Consult a knowledgeable criminal defense attorney to explore your options for relief and start reclaiming your life.
Pre-Trial Hearings
False claims may arise from misunderstandings, revenge, jealousy, custody disputes, or pressure from others. In some cases, the alleged victim may regret a consensual encounter and later recast it as a crime. Regardless of the motive, these accusations must be taken seriously.
Immediate Steps to Take
- Do not contact the accuser or try to explain
- Hire a criminal defense lawyer with sex crime case experience
- Avoid posting on social media about the accusation
- Gather any messages, emails, or evidence that supports your version of events
How a Defense Attorney Can Help
An experienced sex crime defense lawyer will:
- Conduct a private investigation to uncover inconsistencies
- Challenge unreliable witnesses or biased motives
- Present alibis, surveillance footage, or digital proof
- Push to have the charges dismissed before trial
Reputation Management
Even if you’re innocent, the damage to your name can linger. Your lawyer can help mitigate harm by working with public relations experts and guiding your communication with employers, schools, or licensing boards.
Serving the Entire State of California
We help clients clear their names in Los Angeles, San Diego, Sacramento, Orange County, Riverside, Fresno, San Jose, and across California. Our goal is to stop false accusations before they ruin your life.
Conclusion
False sex crime allegations can feel like a nightmare, but you’re not alone. Contact a trusted California defense attorney immediately to fight back, uncover the truth, and protect your future.
Why False Accusations Happen
False claims may arise from misunderstandings, revenge, jealousy, custody disputes, or pressure from others. In some cases, the alleged victim may regret a consensual encounter and later recast it as a crime. Regardless of the motive, these accusations must be taken seriously.
Immediate Steps to Take
- Do not contact the accuser or try to explain
- Hire a criminal defense lawyer with sex crime case experience
- Avoid posting on social media about the accusation
- Gather any messages, emails, or evidence that supports your version of events
How a Defense Attorney Can Help
An experienced sex crime defense lawyer will:
- Conduct a private investigation to uncover inconsistencies
- Challenge unreliable witnesses or biased motives
- Present alibis, surveillance footage, or digital proof
- Push to have the charges dismissed before trial
Reputation Management
Even if you’re innocent, the damage to your name can linger. Your lawyer can help mitigate harm by working with public relations experts and guiding your communication with employers, schools, or licensing boards.
Serving the Entire State of California
We help clients clear their names in Los Angeles, San Diego, Sacramento, Orange County, Riverside, Fresno, San Jose, and across California. Our goal is to stop false accusations before they ruin your life.
Conclusion
False sex crime allegations can feel like a nightmare, but you’re not alone. Contact a trusted California defense attorney immediately to fight back, uncover the truth, and protect your future.
What Is a Character Letter?
A character letter is a written statement from someone who knows the defendant personally or professionally. It’s addressed to the judge and aims to show that the individual is more than their criminal charge. It’s a chance to humanize the defendant and offer support.
Who Should Write One?
- Family members or close relatives
- Friends who’ve known the person for years
- Employers, coworkers, or teachers
- Faith leaders, mentors, or counselors
What Makes a Letter Effective?
Judges look for sincerity, honesty, and specific examples. A strong letter should include:
- How the writer knows the defendant
- Examples of good character or acts of kindness
- Personal growth or steps toward rehabilitation
- An acknowledgment of the charges without excusing them
- Why the defendant deserves leniency
Tips for Writing
- Use respectful language and a formal tone
- Keep the letter to one page if possible
- Be truthful and avoid exaggeration
- Sign and date the letter
- Address it to “Honorable Judge”
Why They Matter in Sentencing
California judges are required to consider mitigating factors when deciding on a sentence. Character letters help provide context and show the defendant’s potential for rehabilitation — which can result in reduced time or alternative sentencing like probation.
Our Defense Team Can Help
If you’re facing sentencing for a sex crime in Los Angeles, Orange County, San Diego, Sacramento, Riverside, San Jose, Fresno, or anywhere in California, our attorneys can guide your supporters in crafting powerful letters that highlight your strengths and progress.
Conclusion
Every word matters when you’re facing sentencing. Well-written character letters can offer a compelling reason for the court to choose mercy over maximum punishment. Talk to your defense team about how to gather and present the most impactful letters for your case.
What Is Restitution?
Restitution is money paid directly to the victim to cover expenses related to the crime. It’s meant to make them “whole” again financially and can include things like:
- Medical and counseling bills
- Lost wages
- Property damage
- Security or relocation costs
What Are Court Fines?
In addition to restitution, the court can order you to pay fines and fees as part of your punishment. These may include:
- Base fines for the offense
- Sex offender registration fees
- Court operations fees and penalties
- Probation supervision fees
How Are Restitution and Fines Calculated?
The court looks at the facts of the case, victim impact, and available documentation to set a restitution amount. You may be asked to attend a restitution hearing where the victim and their attorney present their costs, and you can contest or negotiate the amount.
Can These Payments Be Reduced?
In some cases, yes. You can challenge excessive fines or request a payment plan based on financial hardship. A knowledgeable defense lawyer can help argue for a fair resolution or even waive certain non-mandatory fees.
We Represent Clients Statewide
Our team helps clients facing restitution and fines for sex crimes in Los Angeles, San Diego, Sacramento, Riverside, Orange County, San Jose, Fresno, and all throughout California. We work to minimize financial penalties while protecting your legal rights.
Conclusion
Restitution and fines can feel overwhelming, but you don’t have to face them alone. Talk to a California sex crime attorney about your rights, possible defenses, and financial options to help ease the burden.
What Is a Motion for a New Trial?
A motion for a new trial is a formal legal request asking the court to set aside a guilty verdict and allow the case to be retried. This isn’t the same as an appeal — instead, it goes back to the original trial judge and happens before any appeal is filed.
Common Reasons to File
- Mistakes made by the judge or attorneys during trial
- New evidence that couldn’t be found earlier
- Unfair behavior by jurors or misconduct during deliberations
- Improper statements made by the prosecution
- Your lawyer didn’t defend you effectively
Timing Matters
This type of motion must be filed within 15 days after the verdict or before sentencing, whichever comes first. Missing the deadline can block the opportunity completely.
What Happens Next?
- The motion is filed and reviewed by the original trial judge
- A hearing is held where your attorney can argue the case
- The judge decides whether to grant or deny a new trial
Why It’s Worth Fighting
A new trial can offer a chance to bring forward missed evidence, correct serious mistakes, or simply tell the story again under fairer conditions. With your freedom and reputation on the line, every chance counts.
Where We Work
We help people throughout California, including Los Angeles, San Diego, Sacramento, Orange County, Riverside, Fresno, and San Jose. Whether you’re ready to act or just exploring options, we’re here to walk you through every step.
Conclusion
A bad verdict doesn’t mean it’s over. If something wasn’t right at trial, you may have the right to ask for another one. Talk to an experienced defense attorney about filing a motion for a new trial — it could be your second chance at justice.
What Is a Motion for a New Trial?
This motion is a formal request asking the trial judge to overturn the jury’s guilty verdict based on specific legal grounds. It is not an appeal — instead, it’s handled by the same trial court and must be filed soon after conviction.
Grounds for Requesting a New Trial
- Legal error (e.g., improper jury instructions)
- Newly discovered evidence that could alter the verdict
- Juror misconduct (bias, outside influence)
- Ineffective assistance of trial counsel
- Prosecutorial misconduct
- Insufficient evidence to support the conviction
Deadline to File
The motion must be filed within 15 days of the verdict or before sentencing. Missing this window can prevent your motion from being considered.
What Happens After Filing?
- A hearing is scheduled before the original trial judge
- Both sides present arguments and evidence
- The judge decides to deny or grant a new trial
- If granted, the conviction is vacated and the case starts over
Why Hire a Post-Conviction Lawyer
Filing a motion for a new trial requires deep knowledge of trial law and post-conviction procedures. A skilled California sex crime defense attorney can evaluate your case, identify valid grounds, and prepare a persuasive motion to protect your rights.
Statewide Legal Help
We help clients file for new trials in sex crime cases throughout Los Angeles, San Diego, Sacramento, Orange County, San Jose, Fresno, Riverside, and across California. If you believe errors affected your trial, act quickly.
Conclusion
A guilty verdict doesn’t have to be the end. Filing a motion for a new trial may give you a second chance at justice. Contact a knowledgeable California sex crime trial attorney to review your case and protect your future.
