Engaging in Lewd Conduct | Penal Code § 288

Description

Engaging is Lewd Conduct is defined as the intentional touching of a child with the intent to sexually arouse or gratify either you or the child may be charged as a felony. Punishment enhancements for the use of force or threats or for caretakers may apply. Defendants with a prior related conviction, may be sentenced to 25 years to life.

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

 

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