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Former San Bernardino Vice Principal Charged With Penal Code 288: Lewd Acts on a Minor

Former San Bernardino County vice principal Michelle Rossi was arrested under Penal Code 288 PC: Lewd and Lascivious Acts upon a Child. The offense allegedly took place some 22 years ago. The accuser was a 14-year-old student at Curtis Middle School in San Bernardino at the time.

California Penal Code 288 PC defines a series of crimes referred to as "lewd acts", "lewd behavior" and "lewd and lascivious acts on a minor." The offense occurs when the suspect touches the body of a minor or child for the purposes of sexual gratification.

The penalties for a Penal Code Section 288 conviction vary depending on the age of the victim at the time of the offense. Penal Code 288(a) defines lewd acts on a child under the age of 14. Punishment for this offense can be up to 8 years of California state prison. Penal Code 288(c)(1) is lewd and lascivious acts on a minor 14 or 15 years of age. Penalties can be up to 3 years of California prison.

The Michelle Rossi case involves an alleged victim who came forward decades after the alleged crime. The accuser is now a 23-year-old San Bernardino resident who claims that she and Rossi had a same-sex relationship while she was in junior high school.

Rossi is being held at West Valley Detention Center on $500,000.00 bail. The Penal Code 288 case is being prosecuted by the San Bernardino County District Attorney's Office.

It is not unusual for accusers to come forward years or even decades after the fact to report incidents of child molestation. Although a statute of limitations exists, the statute does not begin to run until authorities know or reasonably should know of the facts of the crime.

While Penal Code 288 offenses are serious crimes, unfortunately it is not uncommon for accusers to make false allegations of molestation. Although prosecutors can proceed on the mere testimony of the accuser, Penal Code 288 prosecutions tend to be more successful if there is corroboration. Corroborating evidence can include confessions, third party witnesses, or forensic evidence.