Sexual Acts with Child Under 10 | Penal Code § 288.7(a)(b)

Description

A person 18 years of age or older who engages in sexual intercourse or sodomy with a child who is 10 years of age or younger may be charged with Sexual Acts with a Child Under 10, a felony with a potential life sentence.

What does the prosecutor have to prove?

1. Defendant was 18 years of age or older.
2. Defendant engaged in sexual intercourse or sodomy with the victim.
3. The alleged victim was 10 years of age or younger.

Punishment

Felony: 25years/Life

 

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?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No