Lewd Acts with a Minor | Penal Code § 288

Description

A person who willfully and lewdly commits any lewd or lascivious act, upon or with the body, or any part or member thereof, of a child who is under the age of 14 gratifying the lust, passions, or sexual desires of that person or the child may be charged with Lewd Acts with a Minor. Use of force, violence, duress, menace or fear of immediate and unlawful bodily injury may trigger sentence enhancements of up to 10 years.

What does the prosecutor have to prove?

1. Defendant willfully and lewdly touched the body of a child.
2. The child was under 14 years of age.
3. The touching was done with the intent to arouse, appeal , or gratify the lust, passions, or sexual desires of the defendant or the child.

Punishment
Felony: 3years/6years/8years
With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	Yes
Is this charge a “serious felony”	Yes
Is this charge a “violent felony”	Yes
Do I have to register as a sex offender if convicted?	Yes
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	Yes
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	Yes
Is this charge considered a “firearm conviction” for immigration purposes?	No