California’s Penal Code 288.4 criminalizes certain acts involving minors and sexually explicit conduct. If you or a loved one is facing charges under this code, it is essential to have a clear understanding of the offense and its potential consequences. The experienced sex crimes attorneys at Simmons Wagner, LLP can provide the guidance and expertise needed to navigate this complex legal landscape.
California Penal Code 288.4 Explained
Penal Code 288.4 prohibits any adult from communicating with a minor (a person under 18) or attempting to communicate with a minor, with the intent to commit a lewd or lascivious act. This statute is often used to prosecute adults who engage in inappropriate communication with minors via the internet, text messages, or other digital means.
There are two primary offenses under this code:
The first is Penal Code 288.4(a) – Communicating with a minor with the intent to engage in lewd conduct. This section covers any adult who, knowing or believing the other person to be a minor, communicates with the intent to engage in lewd conduct. The prosecution must prove that the defendant intended to arouse, appeal to, or gratify the lust, passions, or sexual desires of themselves or the minor.
The second subsection is Penal Code 288.4(b) – Arranging a meeting with a minor for lewd purposes. This section applies to any adult who arranges a meeting with a minor, or someone they believe to be a minor, for the purpose of engaging in lewd conduct. The prosecution must prove that the defendant arranged the meeting with the specific intent to engage in the prohibited conduct.
Penalties for Violating Penal Code 288.4
The penalties for violating Penal Code 288.4 can be severe, depending on the specific circumstances of the case. In general, a violation of PC 288.4(a) is considered a misdemeanor, punishable by up to one year in county jail, a fine of up to $5,000, or both.
However, if the defendant has a prior conviction for a sex crime involving a minor or actually attends the meeting with the minor, the offense becomes a felony. In this instance, the potential penalties will include between 16 months and 4 years in California state prison, and/or a fine of up to $10,000.
Regardless of whether you are convicted of this offense as a misdemeanor or a felony, you will be required to register as a sex offender.
Call Us Now for Help if You Are Facing a Sex Crimes Charge in California
If you or a loved one is facing a Penal Code 288.4 PC charge in California, it is essential to secure experienced legal representation as soon as possible. At Simmons Wagner, LLP, our knowledgeable and dedicated sex crimes attorneys understand California’s legal system and will work tirelessly to protect your rights and achieve the best outcome possible for your case. Contact us today at (949) 439-5857 to schedule a confidential consultation to discuss your case.
To learn more about the reliable and quality criminal defense services that we offer, visit us on the web at Simmons Wagner.