According to California Penal Code section 288(a), it is a felony for a
person to willfully commit a lewd or lascivious act with a child under
the age of 14. A violation of this section is taken very seriously and
if convicted, it is punishable by imprisonment in the state prison for
up to 8 years. Further, pursuant to Penal Code section 290, there is a
requirement for life-time registration as a sex-offender.
To prove an individual guilty of lewd act with a child under the age of
14, the prosecutor must establish beyond a reasonable doubt that:
1. The accused willfully touched any part of the child's body;
2. The touching was committed with the intent of arousing, appealing to,
or gratifying the lust, passions, or sexual desires of himself or the
3. The child was under the age of 14 at the time of the act.
How can we help?
There are a number of defenses available to an accusation of a lewd or
lascivious act. For example, since there are usually no witnesses to this
offense, the victim's credibility is at issue, in the appropriate
case. In such a case, we will employ a private investigator or other professionals
to try and establish a defense based on the untruthfulness of the victim.
That can be achieved by investigating the victim's behavior before
and after the alleged act, searching for inconsistent statements to family
and/or friends and looking into the motive/bias of the victim. Since each
accusation of lewd act with a child is unique, a thorough review of the
facts must be completed in order to fashion an appropriate defense.
If you have been arrested or charged with lewd or lascivious act in Temecula,
Murrieta, Wildomar, Menifee, Lake Elsinore, Perris, Banning, Hemet, Corona
or Riverside, the first step is to contact an experienced and effective
criminal defense attorney. We are ready to help. Since 1999, our office
has successfully represented numerous individuals facing such charges.
We understand that besides the possible loss of your freedom, a felony
conviction can also have serious consequences for future employment opportunities.
Don't jeopardize your future by hiring an inexperienced attorney because
at the end of your case, you will get what you paid for.
For more information about how we can help you, please call us.