Lewd or Lascivious Acts on a Child (Penal Code § 288)

California Penal Code § 288 criminalizes lewd or lascivious conduct with minors. These offenses—commonly referred to as child molestation—are among the most serious charges in California. They cover any touching of a child under 14 for sexual purposes, as well as certain conduct with 14‑ or 15‑year‑olds when the adult is at least ten years older. Penalties include lengthy prison terms and mandatory sex‑offender registration, and some subsections expose defendants to life sentences. Because of the high stakes and the complexity of defending these cases, anyone accused of violating § 288 should seek experienced legal counsel immediately.

Elements of the Offense (Child Under 14)

To convict a defendant under § 288(a), prosecutors must prove the following elements beyond a reasonable doubt as set out in CALCRIM No. 1110:

  1. Touching or causing touching. The defendant willfully touched any part of the child’s body—either on bare skin or through clothing—or willfully caused the child to touch the defendant’s body or someone else’s body.
  2. Sexual intent. The touching was committed with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of the defendant or the child.
  3. Child under 14. The victim was under 14 years old at the time of the act.

Consent of the child is never a defense, and the prosecution does not need to show that the contact actually caused sexual arousal. Willful conduct means acting intentionally; there is no requirement that the defendant intended to break the law.

Subsections and Penalties

Section 288 contains several subsections that impose different penalties depending on the age of the child, whether force was used, and whether bodily harm occurred. All convictions require registration as a sex offender under California’s tiered system.

Subsection (a): Lewd Acts with a Child Under 14

  • Definition: Any lewd or lascivious act with a child under 14, without force or duress, done for sexual arousal.
  • Penalties: 3, 6 or 8 years in state prison, a fine of up to $10,000, and Tier II sex‑offender registration (20 years) for a first conviction; a subsequent conviction requires Tier III registration (lifetime).

Subsection (b)(1): Lewd Acts with Force, Violence or Duress

Subsection (i) and “One‑Strike” Law (Bodily Harm)

  • Definition: Inflicting bodily harm during the commission of a lewd act on a child under 14.
  • Penalties: Life in prison under Penal Code § 288(i) for personally inflicting bodily harm; or 25 years to life under Penal Code § 667.61(d)(7) (California’s “One‑Strike” law). Additionally, Penal Code § 12022.8 adds 5 years for causing great bodily injury.
  • Registration: Tier III (lifetime).

Subsection (c)(1): Acts with 14- or 15‑Year‑Olds

  • Definition: Lewd acts on a 14‑ or 15‑year‑old when the defendant is at least 10 years older than the victim.
  • Penalties: As a felony, 1, 2 or 3 years in state prison and a fine up to $10,000; as a misdemeanor, up to 1 year in county jail and/or a fine up to $1,000. Both forms require Tier II registration for 20 years.

Additional Enhancements and Subsequent Convictions

  • Prior conviction (§ 288(e)): A prior conviction for lewd acts or certain other sex crimes increases penalties; habitual sex offenders face 25 years to life under § 667.71(b).
  • Caretaker using force (§ 288(b)(2)): Lewd acts committed by a caretaker of a dependent person by force carry 5, 8 or 10 years and Tier III registration.
  • Attempted lewd act (§ 664/288(a)): 16 months, 3 or 4 years in state prison and a fine up to $5,000, with Tier II registration.

Defenses to § 288 Charges

These cases are highly fact‑dependent, and viable defenses vary. Some common strategies include:

  • False accusation or motive to fabricate: Children or parents may misinterpret innocent contact or fabricate allegations out of jealousy or custody disputes. Investigating prior statements and motives is critical.
  • Insufficient evidence: The prosecution must prove sexual intent beyond a reasonable doubt. A brief accidental touch without lewd intent does not meet the statutory requirements.
  • Alibi/mistaken identity: In some cases, the defendant may not have been present, or the accuser may have misidentified the perpetrator.
  • Improper investigation or interview techniques: Interviews that suggest answers to children can lead to unreliable testimony. Challenging interview protocols can weaken the state’s case.

Sex‑crime cases also require careful handling of digital evidence and medical examinations. Experienced counsel will thoroughly investigate and may work with experts in psychology and forensic interviewing.

Depending on the circumstances, prosecutors may bring additional charges, including possession of child pornography (§ 311), statutory rape (§ 261.5), child endangerment (§ 273a), continuous sexual abuse (§ 288.5) or sexual battery (§ 243.4). Each offense has its own elements and penalties and may carry separate registration requirements.

Why Retain Radford & Rome, LLP?

If you or a loved one faces allegations under Penal Code § 288, the potential consequences are life‑changing. Our attorneys at Radford & Rome, LLP are former prosecutors with extensive experience handling serious sex‑crime cases. We serve clients throughout Los Angeles and the surrounding counties and understand the sensitive nature of these accusations. We will analyze the evidence, challenge the prosecution’s case, negotiate for reduced charges or dismissal when possible and, if necessary, fight vigorously at trial.

Don’t delay. Early intervention can make a significant difference in the outcome of a sex‑crime case. Contact us for a confidential consultation to discuss your rights and defense options.