Contacting a Minor to Commit a Felony | Penal Code § 288.3

Description

The crime of Contacting a Minor to Commit a Felony may be charged against a person who contacts or attempts to communicate with a minor with intent to commit a criminal offense. The prosecution must prove the defendant knew or reasonably should have known the victim was a minor. Examples of Contacting a Minor to Commit a Felony are sending messages to a teenager with the intent of recruiting them to pose for pornographic photos or telling a friend that you intend to contact a minor for the purpose of having sex.

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: Terms as prescribed for intended offense

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
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?	Yes
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?	Yes
Am I eligible for PC § 1000 drug diversion if convicted?	Yes
Am I eligible for Prop. 36 drug diversion if convicted?	Yes
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?	Yes
Is this charge considered a “domestic violence” for immigration purposes?	Yes
Is this charge considered a “firearm conviction” for immigration purposes?	Yes