California Penal Code §288 — Lewd Acts with a Minor
PC §288 punishes any lewd or lascivious act on a child under 14 (subsection (a)) or on a child aged 14 or 15 when the defendant is 10 or more years older (subsection (c)(1)). Section 288 is a straight felony, a strike, requires lifetime sex offender registration under PC §290, and — under §288(a) — carries 3, 6, or 8 years in state prison. Aggravated variants under §288(b)(1) (force) and §288.7 (under 10) carry sentences up to life without parole.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Lewd Acts with a Minor Cases in All LA County Courts
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01 — Quick Facts
PC §288 — Lewd Acts with a Minor at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §288 — Lewd or Lascivious Acts on a Child |
| Code Type | Penal Code (PC) |
| Classification | Straight Felony |
| §288(a) — Child Under 14 | 3, 6, or 8 years state prison |
| §288(b)(1) — By Force / Duress | 5, 8, or 10 years state prison |
| §288(c)(1) — Ages 14–15 (10+ yr age gap) | 1, 2, or 3 years or up to 1 yr jail |
| §288.5 — Continuous Sexual Abuse | 6, 12, or 16 years state prison |
| §288.7 — Sex Act With Child Under 10 | 25 years to life or life w/o parole |
| Sex Offender Registration | PC §290 — Tier 3 (lifetime) for §288(a) and (b)(1) |
| Strike | Yes — serious and violent felony |
| Probation | Extremely limited (PC §1203.066) |
| Immigration | Aggravated felony + crime of moral turpitude — mandatory deportation |
| If Charged | Call (213) 723-2337 IMMEDIATELY — DO NOT talk to police |
01 — What Is PC §288?
What Is California Penal Code §288?
PC §288 Reads:
"Except as provided in subdivision (i), a person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years."
— California Penal Code §288(a)
PC §288 is the primary California statute criminalizing lewd conduct with a child under 14. The statute is exceptionally broad — 'lewd or lascivious act' reaches any touching of the child's body (over or under clothing) motivated by the sexual arousal of the defendant or the child. Even touching typically considered innocent — a hand on the arm, a hug — can support §288 if the People prove the required intent.
The Structure of PC §288
Section 288 has multiple subsections graduating in seriousness based on the child's age, the presence of force, and the pattern of conduct.
§288(a) — Standard Lewd Act
Lewd act on child under 14. 3, 6, or 8 years prison. Tier 3 PC §290 lifetime registration. Strike.
§288(b)(1) — By Force or Duress
Same act accomplished by force, violence, duress, menace, or fear of injury. 5, 8, or 10 years. Strike. Registration.
Why This Law Matters
A §288 conviction is career-ending, family-ending, and freedom-ending. Beyond the state prison term, defendants face lifetime PC §290 sex offender registration, presence on the Megan's Law public website (in most cases), residency restrictions, and — for non-citizens — mandatory deportation as an aggravated felony. Rubin Law, P.C. defends §288 allegations from the pre-filing investigation stage forward, focusing on protecting the client's constitutional rights during police interrogation and challenging the reliability of child forensic interviews.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §288
To convict a defendant under PC §288(a), the prosecution must prove each of the following elements beyond a reasonable doubt.
You Willfully Touched a Child's Body
The touching can be of any part of the child's body, over or under clothing. The touching must be willful — accidental or reflexive contact does not qualify. The statute reaches touchings that would be innocent in another context if the required intent is present.
You Acted With the Intent to Arouse Sexual Desire
The People must prove the defendant intended to arouse, appeal to, or gratify the sexual desires of the defendant OR the child. Intent is often the most contested element and typically must be proven through circumstantial evidence — statements, prior conduct, digital device contents.
The Child Was Under 14 (or 14–15 With 10-Year Age Gap Under §288(c)(1))
For §288(a), the People must prove the child was under 14 at the time of the offense. Mistake of age is NOT a defense to §288(a). For §288(c)(1), the child must be 14 or 15 AND the defendant must be at least 10 years older.
03 — Degrees
PC §288 — Tiers & Degrees
PC §288 is graded by age, use of force, and pattern of conduct. Each subsection has dramatically different exposure.
§288(a) — Standard Lewd Act (Under 14)
The baseline offense — lewd or lascivious act on a child under 14 with intent to arouse. Strike offense with lifetime PC §290 registration.
- 3, 6, or 8 years state prison
- Tier 3 lifetime sex offender registration
- Strike (serious and violent felony)
- Aggravated felony for immigration
§288(b)(1) — By Force or Duress
Same act accomplished by force, violence, duress, menace, or fear. Duress can include implicit psychological pressure — no physical force required.
- 5, 8, or 10 years state prison
- Tier 3 lifetime registration
- Strike + violent felony (15% credit cap)
- Life exposure under one-strike law (PC §667.61)
§288.5 — Continuous Sexual Abuse
Three or more substantial sexual acts over at least three months with a child under 14. Charged when specific dates cannot be identified but ongoing conduct is alleged.
- 6, 12, or 16 years state prison
- Charged as a single count for the entire course of conduct
- Strike + Tier 3 registration
§288.7 — Sex Act With Child Under 10
Sexual intercourse or oral copulation with a child under 10. The most serious lewd-act statute in California.
- 25 years to life for §288.7(a) (intercourse or sodomy)
- 15 years to life for §288.7(b) (oral copulation, digital penetration)
- Life without parole possible under one-strike (§667.61)
04 — Penalties
Penalties for PC §288 Lewd Acts with a Minor in California
PC §288 penalties are among the most severe in California — combining lengthy prison terms with mandatory lifetime registration and immigration consequences.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §288(a) — Under 14 | PC §288(a) | 3, 6, or 8 years | Extremely limited (PC §1203.066) | Yes |
| §288(b)(1) — By Force | PC §288(b)(1) | 5, 8, or 10 years | No | Yes (violent) |
| §288(c)(1) — Ages 14–15 | PC §288(c)(1) | 1, 2, or 3 years or up to 1 year jail | Yes | Yes if felony |
| §288.5 — Continuous Abuse | PC §288.5 | 6, 12, or 16 years | No | Yes |
| §288.7 — Under 10 | PC §288.7 | 25 years to life (a) / 15-to-life (b) | No | Yes |
| One-Strike Life Term | PC §667.61 | 15 or 25 years to life; LWOP under aggravated circumstances | No | Yes |
Enhancements That Increase §288 Exposure
One-Strike Sex Offender Law
PC §667.61
Mandatory 15-to-life or 25-to-life for §288 committed under aggravated circumstances (multiple victims, kidnapping, bodily harm, tying/binding, use of deadly weapon).
Multiple Victims
PC §667.61(e)(4)
Two or more victims triggers one-strike sentencing — 25-to-life for each count.
Substantial Sexual Conduct
PC §1203.066(a)(8)
'Substantial sexual conduct' (penetration or oral copulation) removes probation eligibility.
GBI on Child Under 14
PC §12022.8
+5 years for GBI in the commission of §288.
Aggravated Sexual Assault of Child (§269)
PC §269
Certain §288 conduct on a child under 14 by a defendant 7+ years older is prosecuted as aggravated sexual assault — 15 to life.
Position of Trust
PC §288(b)(2)
When a caretaker uses undue influence, the offense escalates to §288(b)(2) — same 5/8/10 year exposure as force-based §288(b)(1).
Beyond the Sentence
- Lifetime PC §290 sex offender registration (Tier 3)
- Presence on the Megan's Law public website (in most cases)
- Residency restrictions in some jurisdictions
- Loss of parental rights and family court consequences
- Aggravated felony under 8 USC §1101(a)(43)(A) — mandatory deportation for non-citizens
- Lifetime firearm prohibition
- Ineligibility for virtually all professional licenses
- Public housing ineligibility
- Employment consequences for the remainder of the defendant's life
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §288 Lewd Acts with a Minor Charges
PC §288 cases are among the most consequential and often the most defensible. Rubin Law, P.C. approaches these cases with unmatched aggression, focusing on constitutional rights during interrogation, the reliability of child forensic interviews, and the intent element.
False Allegation / Custody Dispute
Many §288 allegations arise in the context of contentious divorce and custody disputes. Coached statements, alienation dynamics, and mothers or fathers who benefit from custody re-allocation are all well-documented sources of false allegations. We investigate the family history, prior custody filings, and communications between parents.
Evid. §780 / SAID Syndrome
Unreliable Child Forensic Interview
Child forensic interviews must follow strict protocols (NICHD, CornerHouse) to avoid suggestibility. Leading questions, repeated questioning, and confirmation bias by interviewers produce unreliable statements. We retain child-psychology experts to critique the interview and testify at trial.
NICHD Protocol / Idaho v. Wright
No Intent to Arouse Sexual Desire
The touching must be done with intent to arouse sexual desire. Bathing a young child, applying medication, checking for injury, disciplining a child — all involve touching but lack the required lewd intent. The People often stretch this element with weak circumstantial evidence.
CALCRIM 1110 / People v. Martinez
Denial / No Contact
In many §288 cases, the defense is straightforward denial — no touching occurred at all. Alibi evidence, physical impossibility, and inconsistency in the child's statements are critical. Timeline analysis and third-party witnesses often defeat these charges.
CALCRIM 220
Suppression of Confession / Miranda
Police routinely use lengthy, coercive interrogations in §288 cases — misrepresenting evidence, promising leniency, exploiting emotional distress. Statements obtained without proper Miranda warnings or through coercion are inadmissible and often the People's only significant evidence.
Miranda / PC §1538.5
Statute of Limitations
PC §288 has extended limitations periods (typically to age 40 of the alleged victim under PC §801.1), but old cases may still be barred. We analyze the alleged offense date against the applicable statute and file demurrers for time-barred prosecutions.
PC §801.1 / §803
Constitutional Challenges to Search / Digital Evidence
Digital device searches, forensic downloads, and cloud subpoenas frequently exceed the scope of warrants. Suppression of digital evidence under PC §1538.5 and Riley v. California can materially weaken the People's case.
PC §1538.5 / Riley v. California
Constitutional Sources
07 — Court Process
How PC §288 Lewd Acts with a Minor Cases Move Through Los Angeles Courts
PC §288 cases are among the highest-stakes criminal cases prosecuted in Los Angeles County. Early defense involvement — ideally before any police interview — is critical.
- 1
Step 1 — Pre-Filing Investigation
Most §288 cases begin with a detective calling the defendant for 'their side of the story.' Do NOT speak with police. Retain counsel immediately — pre-filing intervention can prevent charges from being filed.
- 2
Step 2 — Arrest & Booking
Felony §288 bail typically starts at $100,000; §288(b) or one-strike-eligible cases at $500,000 or higher. We file for bail reduction under PC §1275.
- 3
Step 3 — Arraignment
Charges are read and plea entered. In §288 cases, the CPO is broad — often complete separation from the alleged victim family for the pendency of the case.
- 4
Step 4 — Preliminary Hearing
The People must show probable cause. This is where we challenge the reliability of the child's statements, the intent element, and the alleged corroboration. Cross-examination is critical.
- 5
Step 5 — Expert Investigation & Motion Practice
We retain child-psychology, forensic-interview, and digital-forensics experts. Motions under Evidence Code §782 (child victim's sexual history), §402 hearings on suggestibility, and PC §1538.5 (search) frame the trial.
- 6
Step 6 — Trial or Sentencing
PC §288 cases go to trial more often than most felonies — the exposure is so severe that plea options often are not meaningful. Effective trial defense is essential.
Los Angeles Courts That Handle PC §288 Lewd Acts with a Minor Cases
Felony sex offense cases are prosecuted at LA County's felony courthouses. Some jurisdictions have specialized sex-crimes calendars.
Clara Shortridge Foltz Criminal Justice Center
Central LA — the largest sex-crimes prosecution calendar in California, including one-strike cases.
Van Nuys Courthouse
San Fernando Valley §288 cases.
Long Beach Courthouse
Long Beach and South Bay §288 cases.
Pomona Courthouse
Eastern LA County sex-offense filings.
Compton Courthouse
Compton and South LA §288 cases.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Lewd Acts with a Minor Defense Attorney
Daniel S. Rubin has defended clients charged with lewd acts with a minor and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §288 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Lewd Acts with a Minor Cases Throughout LA County
09 — FAQs
PC §288 Lewd Acts with a Minor Questions — Los Angeles
Is mistake of age a defense to PC §288?
No. Under §288(a), the age of the child is a strict-liability element — mistake of age is NOT a defense. Even a reasonable and good-faith belief that the child was over 14 does not defeat the charge. Under §288(c)(1) (ages 14–15 with 10-year age gap), the age gap is also strict liability. This is why every §288 case demands aggressive defense on the intent, act, and identity elements.
What is 'lewd or lascivious' under PC §288?
A lewd or lascivious act is any touching of a child's body — over or under clothing, of any body part — done with the specific intent to arouse, appeal to, or gratify sexual desire of the defendant or the child. The touching itself need not be sexual in nature; the required intent transforms otherwise innocent touching into a §288 violation. People v. Martinez (1995) 11 Cal.4th 434 controls.
Does a PC §288 conviction require sex offender registration?
Yes — Tier 3 lifetime registration under PC §290 for §288(a), §288(b), §288.5, and §288.7 convictions. Registration includes annual re-registration on your birthday, address updates within 5 working days, and presence on the Megan's Law public website in most cases. Tier reductions are not available for §288 convictions.
Can I get probation for a §288 conviction?
Probation is severely restricted for §288 under PC §1203.066. Probation is unavailable if: substantial sexual conduct occurred, the defendant used force, the defendant occupied a position of trust, or the defendant has certain priors. For §288(a) without those aggravators, probation is discretionary but rarely granted. For §288(b) and §288.7, probation is unavailable.
What is the 'one-strike' law and when does it apply to §288?
PC §667.61 (the 'one-strike' law) imposes mandatory 15- or 25-year-to-life sentences for §288 committed under aggravated circumstances — multiple victims, kidnapping, bodily harm, tying or binding, use of a deadly weapon, or committing the offense during a burglary. A single conviction can result in life without parole under §667.61 without any prior offenses.
How long can the People wait to file §288 charges?
Under PC §801.1(a), most §288 cases must be filed before the alleged victim turns 40. Additionally, cases can be filed within 1 year of a corroborated DNA hit. Under PC §803(f), certain older cases can be revived if the alleged victim was under 18 at the time and specific corroboration exists.
What are the immigration consequences of a §288 conviction?
PC §288(a) is an aggravated felony under 8 USC §1101(a)(43)(A) (sexual abuse of a minor) — resulting in mandatory deportation, permanent inadmissibility, and ineligibility for cancellation of removal, asylum, and virtually all discretionary relief. Non-citizens facing §288 charges must obtain pre-filing rejection, dismissal, or a plea to a non-registerable, non-aggravated-felony offense to avoid removal.
Should I talk to the police if they contact me about a §288 investigation?
Absolutely NOT. Politely tell the detective, 'I want to speak with an attorney before answering any questions,' and hang up. Police in §288 investigations use lengthy, coercive interrogations — often with 'pretext calls' from the alleged victim recording your responses — to secure statements they will use against you. Every §288 case Rubin Law, P.C. has taken to a favorable outcome began with the client invoking the right to counsel before any interview.
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Accused of Lewd Conduct With a Minor?
Do NOT speak with police or child protective services. Call Rubin Law, P.C. IMMEDIATELY — pre-filing intervention can prevent charges from ever being filed.