It is worrying and disturbing how sex crime convictions occur almost every day, despite the harsh sentences these charges attract. Being one of the most common sex crimes, continuous sexual abuse of a child is an offense that can carry lengthy jail time and life-altering consequences upon conviction.
If you are arrested or have pending continuous sexual abuse of a child charges, a skilled and aggressive defense attorney can level the playing field for you. A reliable attorney can help convince the judge or jury to dismiss or reduce your criminal charges to a lighter offense. If a conviction is unavoidable, your attorney could help raise mitigating arguments at the sentencing hearing to secure the minimum sentence possible.
Legal Definition of Continous Sexual Abuse of a Child Under PC 288.5
PC 288.5 is the law that describes the offense of sexual abuse of a child. According to this statute, it is unlawful to engage in three (3) or more significant sexual conduct, lascivious, or lewd acts with a minor aged fourteen (14) years or below. For the sake of this law, substantial sexual conduct could be any of the following:
● Masturbation or oral copulation with a minor
● Penetration of the minor's vagina or anus with a foreign object or penis
On the other hand, a lascivious or lewd act is the willful touching of a minor with the intent of arousing yourself or the child. Causing a child to touch his/her body parts for sexual gratification or arousal could also qualify as lascivious or lewd acts with a child.
Will I Qualify for Bail Upon an Arrest as a Suspect in a PC 288.5 Case?
With legal assistance from a competent defense attorney, you could qualify for bail upon arrest as an offender in a PC 288.5 case. You will know whether you are eligible for bail at your first court hearing, also known as the arraignment. In most cases, this hearing will occur no later than twenty-four hours following an arrest unless the arrest happened on a public holiday or weekend.
In that case, you could stay in custody for up to seventy-two hours, awaiting the judge's decision on your bail request. During this hearing, the court will consider the following factors when deciding whether to grant you bail:
● Whether you are a flight risk
● Your criminal history
● Circumstances and particulars of your PC 288.5 violation
● Your conduct in court
● Your family ties
● Your attorney's mitigating arguments
● Your community ties
● Whether you are a threat to the child (victim) and the public at large
Generally speaking, the court could require you to pay bail of up to $350,000 upon your arrest as a suspect in a PC 288.5 case. Depending on how busy the jail is, the paperwork needed, and the number of available officers on duty that day, you can secure your freedom within a few hours after posting your bail.
Factors the Prosecution Team Must Prove to Secure a Conviction Against You Under PC 288.5
Securing a conviction against you for a PC 288.5 violation is not straightforward. Like any other offense, the prosecution team must prove specific facts, or "elements of the crime," to the jury or a judge to secure a conviction against you under this statute. The elements of the crime that the prosecution must prove to secure a conviction against you under this statute include:
● You lived or shared a residence with or had recurring contact with the minor
● You committed three (3) or more forms of sexual abuse, lascivious or lewd acts with the minor
● Three (3) or more months are over since your first and last acts
● The minor was fourteen (14) years of age or younger when the offense occurred
It is worth noting that the court could convict you of a PC 288.5 violation even if no penetration occurred between you and the minor.
Most Viable Legal Defenses to a PC 288.5 Charge
With the help of a competent and seasoned defense attorney, you could avoid a PC 288.5 violation conviction or secure the minimum sentence possible if a conviction is inevitable. Below are viable defenses most attorneys will use to fight a PC 288.5 charge:
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The Prosecutor's Evidence is Insufficient
Your defense attorney can argue that the prosecutor lacks sufficient evidence to prove a fact necessary for a conviction for a PC 288.5 charge. For instance, when the prosecutor cannot prove the victim is a minor, you would not be guilty under PC 288.5.
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The Accusations You are Up Against are Untrue
Unfortunately, a PC 288 charge is a crime ripe for false accusations. A minor could accuse you falsely for many reasons, including:
● A child could be confused about what occurred
● A child could lie to kick you out of your home
● An adult or ex-wife couched the child into making up a false story
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The Victim Was Not a Child
The court can only convict you of a PC 288.5 violation if the involved child is under fourteen (14) years old. That means the court cannot convict you of a PC 288.5 violation if the child is fourteen (14) years or older.
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You Did Not Engage in Any Sexual Conduct or Act With the Minor
PC 288.5 prohibits all kinds of sexual conduct or acts with a minor. According to this statute, it is not unlawful to engage in physical, non-sexual contact with a child. If your attorney could argue with proper evidence that you did engage in physical contact with a child, but it was non-sexual, you would not be guilty of a PC 288 violation.
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You Were Insane at the Time of the Offense
Your attorney could apply insanity as a defense to challenge the PC 288.5 charge you are up against if you had a mental disorder or disease at the time of the offense. For example, a mental disorder could be enough reason to make you unable to appreciate the quality and nature of the act you were committing or differentiate between illegal and non-illegal acts.
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There Was a Mistake of Fact
Arguing that you reasonably believed that the person you were touching was older than eighteen (18) years is also a viable defense to challenge a PC 288.5 charge.
If these defense arguments work to your advantage, the jury or judge will reduce your charges or drop the entire case. Hiring a seasoned and reliable defense attorney is the key to increasing your odds of securing a favorable outcome if you are under investigation or have pending 288.5 charges.
A seasoned defense attorney with experience dealing with local judges will know the best defense argument that could work in your favor to secure a favorable outcome.
Sentencing and Possible Legal Punishment to Expect Upon a Conviction Under PC 288.5
Your case will go to the sentencing phase of the legal justice system when the court convicts you of a PC 288.5 violation. During this stage, the judge or jurors decide on the right and proper sentence for your crime. When determining the appropriate and ideal penalty for your crime, the judge or jurors will consider several factors, such as:
● Your unique case’s particulars and facts
● Whether you have past criminal convictions
● Your statement and whether you are remorseful
Generally speaking, a PC 288.5 charge is punishable as a felony upon conviction. Below are potential penalties to expect upon a PC 288.5 violation conviction:
● A fine not exceeding $10,000
● Detention in the state prison for six (6), twelve (12), or sixteen (16) years
● Felony probation
● Victim restitution
The court could also issue a protective or restraining order to protect the child (victim), requiring you to stay away from the protected individual.
Other Possible Consequences of a PC 288.5 Violation Conviction
On top of these standard legal penalties, a PC 288.5 violation conviction could attract several other negative consequences that could give your life a quick turnaround. Some of these consequences include:
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Loss of Professional License
Upon a PC 288.5 violation conviction, the licensing board or agency could revoke or suspend your professional license, especially if you are a pediatrician, nurse, cosmetologist, counselor, lawyer, or teacher. Unless you have another source of income, the loss of a professional license could significantly affect your life because you cannot use it to seek employment and earn income.
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Issues With Child Protective Service
Depending on the facts of your case, the Child Protective Services Agency could try to take the child away from your home for his/her safety.
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Abide by a Restraining Order
The court could issue a restraining or protective order to stop you from communicating with or contacting the victim. Even if the minor is a family member, a restraining order could prevent you from visiting him/her.
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Deportation
If you are a non-citizen, you should expect some immigration consequences, including deportation upon a PC 288.5 violation conviction, because the court considers this offense a crime involving moral turpitude.
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Loss of Gun Rights
According to PC 29800, it is a crime to purchase, receive, carry, or have possession of or control over a firearm upon a conviction for a felony offense. If you are guilty of a PC 29800 charge, you could face up to three years of jail time.
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Inclusion in the Sex Offender Registry
PC 290 requires defendants guilty of particular sex crimes, including a PC 288.5 charge, to register as a sex offender within their local enforcement authorities:
● Within five (5) days of moving to a new residence and
● Annually, within five (5) days of their birthday
Since a PC 288.5 charge is a felony, failing to register is a felony and could extend your registration period by three (3) years.
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A Strike Under the Three Strike Law
Unfortunately, a PC 288.5 charge conviction will be a strike under the PC 667 three strikes law because it is a violent or serious felony offense. Habitual or notorious sex offenders with two (2) or more convictions for sex-related crimes could face twenty-five years to life in prison.
A PC 288.5 Charge and Related Crimes
A PC 288.5 charge is related to several other offenses, which the prosecutor can file against you if his/her evidence is insufficient to convince the court to convict you of a PC 288.5 violation. Some of these offenses include the following:
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Statutory Rape
You commit the crime of statutory rape when you engage in a sexual act with a child aged eighteen (18) years or below. You could be guilty of statutory rape under PC 261.5 even though the minor initiated the sexual act because minors are legally incapable of consent. The prosecutor will file a PC 261.5 charge as either a felony or misdemeanor, depending on the following circumstances:
● If you are not more than three years older than the victim, the prosecutor will file a statutory rape charge as a misdemeanor.
● If you are three (3) years older than the victim, the prosecutor can file your charges as a felony or misdemeanor.
● If you are twenty-one (21) years of age or older and the victim was under sixteen years of age when intercourse occurred, the prosecutor will file your PC 261.5 charge as a felony or misdemeanor.
A misdemeanor PC 261.5 violation conviction is punishable by a fine not exceeding $1,000 and a jail time of not more than one year. For a felony statutory rape charge conviction, you should expect a jail sentence of sixteen (16), two (2), or three (3) years.
However, if you were twenty-one (21) years older and the minor was under sixteen (16) years old when the offense occurred, your potential sentence could include the following:
● Jail sentence of two (2), three (3), or four (4) years
● A fine not exceeding $10,000
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Lewd or Lascivious Acts With a Child
According to Penal Code 288, it is a criminal defense to willfully and knowingly touch or cause a minor aged fourteen (14) years or below to touch their body parts for sexual arousal or gratification. The penalties you should expect upon a conviction under this statute will depend on the following factors:
● The child's age
● Your criminal history
● Whether you used threats or force
The penalties you will face for a PC 288 violation will depend on the circumstances and facts of your unique case. If you are a habitual offender with a past conviction history for a similar offense, you should anticipate up to twenty-five (25) years of jail time upon conviction under PC 288.
A conviction for a PC 288 violation will also count as a strike on your criminal record, meaning you could face twenty-five to life behind bars upon a conviction under this statute.
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Oral Copulation With a Child
PC 287 makes it unlawful to engage in oral copulation with a child aged eighteen (18) years or younger. Oral copulation is any contact between a minor's mouth and the penis, anus, or vagina of another individual. Depending on your unique case's particulars, a conviction under this statute could attract a jail sentence of up to fourteen (14) years upon conviction.
Frequently Asked Questions About a PC 288.5 Charge
Below are the common and most frequent questions that most people, particularly defendants, ask about a PC 288.5 charge:
a) Can the Court Convict Me for a PC 288.5 Violation if I am the Cousin of the Alleged Victim?
Yes, the court understands that most perpetrators of sex crimes involving children are people the victim knows and trusts, including their relatives. That means even if you are the alleged victim's cousin, you could be guilty of a PC 288 violation.
b) Will the Court Allow Me to Speak or Communicate With the Minor While the PC 288.5 Case is Ongoing?
No, in most cases, the court will require you to comply with a restraining or protective order if you are under arrest as an offender in a PC 288.5 case. A protective order prohibits you from contacting or communicating with the minor (victim).
c) Can the Court Expunge a PC 288.5 Violation Conviction?
You could be ineligible for an expungement under PC 1203.4 upon a PC 288.5 violation conviction because this offense's sentence requires you to spend time in prison. However, with the legal help of your attorney, you could qualify for expungement after a PC 288.5 violation conviction if any of the following is true:
● You have completed your felony probation without violating any of the required terms and conditions
● You served time in the state prison, but you would not have served a prison sentence if your conviction occurred after Proposition 47
Find a Criminal Defense Attorney Near Me
As you can see from the seriousness of the potential penalties you can face upon a PC 288.5 violation conviction, retaining the services of a skilled attorney is crucial. In addition to offering you legal counsel, the attorney you choose will help raise legal defenses to challenge the allegations you are up against for the best attainable results.
If you are under investigation or charged as a suspect in a PC 288.5 case, call our reliable attorneys at Los Angeles Criminal Lawyer at 310-502-1314 for aggressive legal representation.
