Arranging a Meeting with a Minor for Lewd Purposes | Penal Code § 288.3

Description

A person who contacts or communicates, including postal service, any electronic communication, wire or computer, with a minor, or attempts to contact or communicate; and who knows or reasonably should know that the person is a minor, with intent to commit an offense as specified in § 207-311 involving a minor may be charged with Arranging a Meeting with a Minor for Lewd Purposes.

What does the prosecutor have to prove?

1. Defendant contacted or communicated with a minor or attempted to contact or communicate with a minor.
2. Defendant knew or reasonably should have known that the person was a minor.
3. Defendant intended to commit an offense specified in Penal Code Section 207, 209, 261, 264.1, 273a, 286, 288, 288a, 288.2, 289, 311.1, 311.2, 311.4 or 311.11 involving the minor.

Punishment

Felony: 0-364 days
With probation 0-364 days
Enhanced with Prior: 5years

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
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?	May
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