California Penal Code §288(b)(1) — Lewd Acts on Child Under 14 by Force or Duress
PC §288(b)(1) punishes any lewd or lascivious act upon a child under the age of 14, committed by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury. Sentence: 5, 8, or 10 years state prison. Lifetime sex-offender registration under PC §290. Serious and violent felony strike with One-Strike (§667.61) exposure of 25-to-life or LWOP.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Lewd Acts on Child Under 14 by Force or Duress Cases in All LA County Courts
01 — Quick Facts
PC §288(b)(1) — Lewd Acts on Child Under 14 by Force or Duress at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §288(b)(1) — Lewd Acts on Child Under 14 by Force/Duress |
| Classification | Felony — Strike (Serious + Violent) |
| Sentence | 5, 8, or 10 years state prison |
| One-Strike (§667.61) | 25-to-life or LWOP where circumstances apply |
| Registration | PC §290 — lifetime, Tier 3 |
| Strike | Yes — §1192.7(c)(6) and §667.5(c)(6) |
| 85% Rule | Yes — §2933.1 |
| Age of Victim | Under 14 (§288(a)/(b) applies to under-14 victims; §288(c)(1) covers 14–15) |
| Free Consultation | (213) 723-2337 — Rubin Law, P.C. |
01 — What Is PC §288(b)(1)?
What Is California Penal Code §288(b)(1)?
PC §288(b)(1) Reads:
"Any person who commits an act described in subdivision (a) by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years."
— California Penal Code §288(b)(1)
§288(b)(1) is the aggravated form of §288(a) lewd conduct with a child under 14 — elevated by the use of force, violence, duress, menace, or fear. Where §288(a) is a 3/6/8-year triad, §288(b)(1) is 5/8/10. When One-Strike circumstances apply (multiple victims, kidnapping, torture, tying/binding, or prior sex-offense conviction), the sentence becomes 25-to-life or LWOP under §667.61.
§288(a) vs. §288(b)(1) — Force/Duress Element
§288(a) = any lewd act on a child under 14 (3/6/8 yrs). §288(b)(1) = the same conduct accomplished by force, violence, duress, menace, or fear (5/8/10 yrs). Duress can be non-physical — psychological pressure sufficient to coerce a reasonable person of the victim's age.
Why This Statute Matters
§288(b)(1) is one of the most severe non-homicide statutes in California — 10-year maximum triad, lifetime Tier-3 registration, and One-Strike 25-to-life or LWOP exposure. The defense fight almost always focuses on the force/duress element and CSAAS-inspired credibility challenges. Rubin Law, P.C. targets reduction to §288(a) or §288(c)(1) where age or force elements are contested.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §288(b)(1)
The prosecution must prove each element beyond a reasonable doubt.
Lewd or Lascivious Act
Defendant touched a child's body — including through clothing — with lewd intent.
Child Under 14
Victim was under 14 at the time of the act.
Sexual Intent
Defendant acted with the intent to arouse, appeal to, or gratify sexual desires.
Force, Violence, Duress, Menace, or Fear
The act was accomplished by force, violence, duress, menace, or fear of immediate unlawful bodily injury.
04 — Penalties
Penalties for PC §288(b)(1) Lewd Acts on Child Under 14 by Force or Duress in California
§288(b)(1) exposes defendant to determinate + One-Strike sentencing.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §288(b)(1) — Base | PC §288(b)(1) | 5, 8, or 10 years state prison | No | Yes (S+V) |
| §667.61 One-Strike (single victim) | PC §667.61 | 15-to-life or 25-to-life | No | Yes |
| §667.61 One-Strike (multiple victims / kidnap / torture) | PC §667.61 | 25-to-life or LWOP | No | Yes |
| §667.71 Habitual Sex Offender | PC §667.71 | 25-to-life | No | Yes |
| §12022.53 Firearm | PC §12022.53 | +10 / 20 / 25-to-life | No | Yes |
Related Enhancements
PC §667.61 — One-Strike
PC §667.61
25-to-life or LWOP where circumstances apply (multiple victims, kidnap, torture, tying).
PC §667.71 — Habitual Sex Offender
PC §667.71
25-to-life for defendants with qualifying sex-offense priors.
PC §667.6 — Full Consecutive Terms
PC §667.6
Full-term consecutive sentencing on multiple counts.
Collateral Consequences
- PC §290 lifetime Tier-3 sex-offender registration
- 85% service under §2933.1
- Residency restrictions under §3003.5 (2000 feet from schools/parks)
- Aggravated felony + CIMT for immigration (8 U.S.C. §1101(a)(43)(A))
- SVP evaluation under Welf. & Inst. Code §6600 at sentence completion
- Lifetime firearm ban
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §288(b)(1) Lewd Acts on Child Under 14 by Force or Duress Charges
Rubin Law, P.C. defends §288(b)(1) with a proven sex-crimes defense playbook.
No Force or Duress
Attack the aggravating element — reduce to §288(a) 3/6/8 triad and escape One-Strike exposure.
Force/Duress
No Sexual Intent
Touching was innocent — bathing, medical, parental — with no lewd intent under People v. Martinez.
Intent
False Allegation
Custody-dispute motive, CSAAS credibility attack, and forensic-interview protocol challenges (RATAC/CornerHouse).
Credibility
Mistake of Age
Limited — mistake of age is not a defense to §288 when victim is under 14. Applies only in edge §288(c)(1) 14–15 filings.
Age
ID / Alibi
Attack identification and establish alibi through digital forensics and witness testimony.
ID
SANE / Forensic Attacks
SANE examination protocol errors, DNA transfer defenses, and chain-of-custody challenges.
Forensics
Constitutional Sources
07 — Court Process
How PC §288(b)(1) Lewd Acts on Child Under 14 by Force or Duress Cases Move Through Los Angeles Courts
§288(b)(1) cases are life-exposure sex-crimes filings.
- 1
Step 1 — Investigation
Forensic interview (MDIC/CornerHouse), SANE exam, digital forensics.
- 2
Step 2 — Filing
§288(b)(1) with §667.61 One-Strike allegations and multiple-count charging.
- 3
Step 3 — Arraignment
High bail or no-bail; §1275 hearings common.
- 4
Step 4 — Preliminary Hearing
Forensic interviewer, SANE examiner, and victim testify.
- 5
Step 5 — Motions
§995 challenges to force/duress; §782 rape-shield litigation; expert-witness Frye/Kelly motions on CSAAS.
- 6
Step 6 — Trial or Plea
Trial focuses on force/duress and credibility; pleas target §288(a) or §288(c)(1) reduction.
- 7
Step 7 — Sentencing
5/8/10 years + One-Strike + PC §290 registration; SVP evaluation.
Los Angeles Courts That Handle PC §288(b)(1) Lewd Acts on Child Under 14 by Force or Duress Cases
§288(b)(1) cases are handled in LA County felony trial courts.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Lewd Acts on Child Under 14 by Force or Duress Defense Attorney
Daniel S. Rubin has defended clients charged with lewd acts on child under 14 by force or duress 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(b)(1) in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Lewd Acts on Child Under 14 by Force or Duress Cases Throughout LA County
See our full Lewd Acts on Child Under 14 by Force or Duress defense practice
09 — FAQs
PC §288(b)(1) Lewd Acts on Child Under 14 by Force or Duress Questions — Los Angeles
What is PC §288(b)(1)?
Lewd or lascivious acts on a child under 14 accomplished by force, violence, duress, menace, or fear. 5/8/10-year triad with lifetime Tier-3 registration and One-Strike exposure.
What sentence does §288(b)(1) carry?
5, 8, or 10 years state prison — served at 85%. Under §667.61 One-Strike, the sentence can rise to 25-to-life or LWOP.
Is §288(b)(1) a strike?
Yes — serious felony (§1192.7(c)(6)) and violent felony (§667.5(c)(6)).
Does §288(b)(1) require registration?
Yes — lifetime PC §290 Tier-3 registration is mandatory upon conviction.
What counts as 'duress'?
Under People v. Cochran and People v. Superior Court (Kneip), duress includes psychological pressure or coercion sufficient to overcome the will of a reasonable person of the victim's age — not just physical force.
Is mistake of age a defense?
No. Mistake of age is not a defense to §288 offenses when the victim is under 14. It applies only in limited §288(c)(1) 14–15-year-old contexts under People v. Hernandez.
Available 24/7 — Free Consultation
Facing PC §288(b)(1) Charges?
Life exposure under §667.61 One-Strike. Rubin Law, P.C. defends aggressively. Call (213) 723-2337.