Child Sexual Assault – California Penal Code § 288(b)(1)

Sexual assault on a child is one of the most serious offenses under California law. California Penal Code § 288(b)(1) makes it a felony to commit a lewd or lascivious act on a child under 14 when the act is carried out by force, violence, duress, menace or fear of immediate bodily injury. Contrast this with 288(a) which is typically just lewd acts without force, and which carries a much lower penalty. The statute is narrower than the general lewd‑acts law (§ 288(a)) because it involves sexual touching that is coerced or achieved by threats or physical violence; this extra element substantially increases the penalty.

As a criminal‑defense firm headquartered in Los Angeles and representing clients across Southern California, Radford & Rome, LLP understands the high stakes in these cases. We are former prosecutors who now dedicate our practice to defending the accused. The following overview explains the law, its elements, penalties, and possible defenses.

The Judicial Council’s jury instruction CALCRIM No. 1111 summarizes the elements the prosecution must prove beyond a reasonable doubt. To convict under § 288(b)(1) the state must show that:

  1. Willful touching. The defendant intentionally touched a child’s body on the bare skin or through clothing, or caused the child to touch the defendant or another person[1].
  2. Use of force or fear. The touching was accomplished by force, violence, duress, menace or fear of immediate and unlawful bodily injury. “Force” must be substantially different from or greater than the force needed for the touching itself, and “duress” means a direct or implied threat of harm sufficient to coerce compliance.
  3. Sexual intent. The act was committed with the intent to arouse or gratify the sexual desires of the defendant or the child.
  4. Child under 14. The victim was under 14 years of age when the act occurred.

It is not a defense that the child may have consented, nor is actual sexual arousal required.

Penalties and Consequences

A violation of Penal Code § 288(b)(1) is always a felony. Conviction can lead to the following consequences:

  • State prison sentence of 5, 8 or 10 years. Lewd acts on a child under 14 by force carry this sentencing triad with a default of the midterm, 8 years.
  • Fine of up to $10,000. Courts may impose a fine up to $10,000 for this offense.
  • Tier III sex‑offender registration for life. Individuals convicted under § 288(b)(1) must register for life as Tier III sex offenders.
  • Strike offense. A lewd act against a child is classified as a serious and violent felony, meaning it counts as a strike under California’s Three‑Strikes law. A subsequent felony conviction can lead to doubled sentences, and a third strike may result in 25 years to life.
  • Collateral consequences. Conviction can lead to victim restitution, criminal protective orders, loss of firearm rights, immigration consequences and professional licensing sanctions.

Possible Defenses

Given the severity of these allegations, mounting an effective defense is critical. Common defenses include:

  • Lack of force or duress. The prosecution must show that the touching was accomplished by force, violence, duress, menace, or fear. If the alleged touching occurred without coercion, the conduct may fall under § 288(a) instead.
  • False allegations or mistaken identity. False accusations can arise from custody disputes or misunderstandings. Challenging the credibility of the accuser and investigating motives or inconsistencies can be key.
  • No sexual intent. The state must prove that the touching was done to arouse or gratify sexual desires. Accidentally touching a child, even in an intimate area, without sexual intent is not a lewd act.

Other defenses may include arguing fabrication by third parties, challenging forensic evidence, and asserting violations of the defendant’s constitutional rights. Because every case is unique, consulting experienced counsel early is essential.

  • Lewd acts without force (§ 288(a)). This offense covers lewd acts with a child under 14 but without force or fear. The penalties are three, six or eight years in prison and Tier II sex‑offender registration.
  • Aggravated lewd conduct (§ 288(i)). Inflicting bodily harm during a lewd act can lead to a life sentence or 25 years to life under related statutes.
  • Sex‑offender registration (§ 290). California’s registration statute governs the lifetime registration requirement for this offense and the tier system.

Serving Clients Across Southern California

Radford & Rome, LLP is based in Los Angeles but defends clients throughout Southern California, including Kern County, Orange County, Riverside, San Bernardino, Ventura, and San Diego counties. Our attorneys are former prosecutors who know how the state builds sex‑crime cases and how to dismantle them. We offer confidential consultations to review the charges, explain potential penalties and defenses, and develop a strategy tailored to your situation. If you or a loved one faces allegations under Penal Code § 288(b)(1), contact us immediately to protect your rights and future.