Client Intake Form

California Sex Crimes Lawyers

Penal Code 288 Lewd or Lascivious Acts

California Penal Code 288 defines a series of crimes involving lewd or lascivious acts with a child or minor. The offenses are more commonly known as "child molestation" or "child sexual abuse."

The most serious Penal Code 288 offenses allege lewd and lascivious behavior with a child under the age of 14. A conviction for these offenses carries up to 8 years state prison per lewd act.

If you or a loved one has been accused of, arrested for or charged with child molestation under Penal Code 288, contact one of our lewd conduct defense attorneys immediately. We have had great success in defending against these allegations.

Definition of a Lewd Act Upon a Child

California law defines a lewd act on a child as any touching of the child done with the intent to gratify the lust, passions or sexual desires of either the suspect or a child. The touching can occur anywhere on the child's body; it does not have to be on a sexual organ.

It is also considered lewd and lascivious behavior when the suspect has the child touch him (the suspect) for the purpose of achieving sexual gratification.

Defenses to Lewd Behavior Charges

Tragically, many children make false accusations of sexual abuse and child molestation. The result is many innocent people being accused of-and sometimes wrongfully convicted of-lewd and lascivious acts with a child.

Children make false accusations for a variety of reasons: anger, jealousy, confusion, manipulation. For example, a girl may accuse her mother's new live-in boyfriend of lewd acts because she doesn't like him, she misses her father, and she wants him out of the picture. Or an adolescent may point the finger at an innocent parent who the child perceives as neglectful, unloving or favoring another sibling.

Children today are sophisticated and learn about sexual matters at a very early age from TV, movies, friends and sexual education classes. Sometimes, they use this knowledge to contrive false stories about being sexually abused. Once they make an allegation to an adult or an authority figure, they feel committed to perpetuating the story for fear of the repercussions of admitting to having made false allegations.

The background of the accuser and the circumstances of the lewd behavior accusation should be scrutinized by an experienced lewd conduct defense lawyer and defense investigator. Often times, we find a history of storytelling by the accuser, and motives for making false accusations.

Sometimes the evidence is such that there is no question that the suspect committed the lewd or lascivious act with a child.

In these cases, the defense must show that the lewd act was an isolated incident, and that the defendant is not a pedophile. If so, the judge or prosecutor is likely to settle the Penal Code 288 case more favorably than if it appears the suspect is a continuing threat to minors.

Typically, in this situation, we have a psychotherapist evaluate the suspect and author what is called a Penal Code 288.1 report: an evaluation of the likelihood of repeat offense. A favorable report can result in minimizing the penalties.

Further Internet Resources:

• Defense of Child Molestation Charges
  Discussion of the psychology and motivation behind making false allegations of child sexual abuse and child molestation.


• False Allegations of Child Abuse
  Article by former medical examiner on the forensic science used in investigating false claims of child sexual abuse.


• FalseAbuse.com
  Assistance with false allegations of child abuse, accusations of sexual abuse, molestation, and incest often found in divorce litigation and criminal trials.


• Advise for Men
  Advise for men facing false accusations of child sexual abuse.

If you are facing lewd act charges in California, contact Criminal Defense Partners to set up a free consultation. One of our experienced lewd act defense attorneys will provide you with outstanding legal advice and information. If our firm takes your case, we will fight aggressively to protect you and your record.

Free Consultations! Call Today!

888-327-4652