Technological advancements have revolutionized communication methods. The Internet and social media platforms offer anonymous ways to connect, while undercover police operations often target Internet chat rooms to find illegal sexual activities.

Most people recall the infamous Dateline NBC series “To Catch a Predator,” which documented numerous men caught on tape as they arrived at a minor's home after arranging meetings in chat rooms.

PC 288.4 makes it a crime to set up a meeting with a minor if the meeting is motivated by sexual interest.

All law enforcement agencies across California will treat these cases seriously and thoroughly investigate every credible accusation.

In Los Angeles, police often pretend to be minors in chat rooms to engage individuals in illegal activities, such as arranging meetings for sex. Can the police lie to you in a chat room? 

Yes. They frequently lie about their identity and purpose when communicating online.

Their primary objective is to pursue and apprehend individuals they identify as sexual predators. They often fabricate stories and use images of minors to lure someone into meeting in person. In most cases, their methods are legally authorized.

Nonetheless, there are situations in which the police overstep while trying to apprehend suspected sex offenders.

Online Police Decoys Pretending to Be Minors

California law forbids an individual from arranging a meeting with a minor (under 18), or someone they believe is a minor, if the meeting is driven by sexual interest and aimed at engaging in lewd or lascivious conduct.

Most often, our clients initiated contact with a police decoy posing as a 14-year-old girl seeking new friends.

The decoy states her age, shows interest in a new boyfriend, and proposes meeting at a local public spot. When our client gets there, plain-clothes police officers are waiting and arrest him. 

If you're accused of arranging a meeting with a minor for sexual reasons, avoid making any statements to the police to prevent self-incrimination.

What Does PC 288.4 Say? 

California law explicitly forbids anyone from arranging a meeting with a minor (under 18) driven by sexual interest.

The law is defined under California Penal Code 288.4, which states "Every individual who is motivated by an unnatural or abnormal sexual interest in children arranges a meeting with a minor or someone they believe is a minor for the purpose of exposing their genitals, pubic, rectal area, having the child expose their genitals, pubic, or rectal area, or engaging in lewd or lascivious behavior is guilty of Section 288.4."

In simple terms, the legal definition above states that it is a crime to arrange a meeting with a minor if the motivation is an abnormal sexual interest in children, with the intent to have sexual conduct during the meeting.

You could be convicted even if you never actually met the minor or engaged in sexual activity.

Just arranging the meeting is considered a crime. The sexual conduct covered by Section 288.4 involves a defendant exposing their genitals, pubic, or rectal areas, or having the minor expose these same areas on their body.

Lewd or lascivious conduct involves any touching of a child's body with the intent to arouse either person sexually. This does not require direct skin contact; touching through clothing also qualifies.  

Closely related offenses are contacting a minor to commit a felony under California Penal Code 288.3 and enticing a child to prostitution under Penal Code 266.

Is PC 288.4 a Misdemeanor or a Felony?

Arranging a meeting with a minor for lewd purposes is called a “wobbler.” This allows the prosecutor to pursue either misdemeanor or felony charges. Their choice generally depends on the specific details of the case and the defendant's past criminal record. The penalties include the following:

• If the defendant has no prior criminal history, the case is usually charged as a misdemeanor. If convicted of a misdemeanor, the penalties can include up to one year in a county jail and a fine of up to $5,000.
• If the defendant has any prior convictions that required them to register as a California sex offender or if the defendant actually attends the meeting with the minor they arranged, the case will normally be filed as a felony.
• If convicted of a felony offense of arranging a meeting with a minor for lewd purposes, the legal penalties include 16 months to 4 years in a California state prison and a fine up to $10,000.

It's important to note that, in California, whether the defendant was convicted of a misdemeanor or a felony, they may be required to register as a sex offender under California Penal Code Section 290.

This entails that the defendant must annually register with law enforcement to verify their residence. Under this requirement, Megan's Law website could publish the defendant's name, photo, and address online.

What are the Legal Defenses?

Depending on your case's details and circumstances, an experienced California criminal defense lawyer may be able to challenge your charges with a range of legal defenses, including:

• Your reason for scheduling the meeting was not related to a sexual interest in minors.
• You did not plan to participate in any inappropriate acts during the meeting.
• You were unaware that they were a minor.
• Entrapment occurs when someone encourages you to commit a crime that you wouldn't have otherwise committed.

Charges of arranging meetings with minors for lewd purposes are quite common after being caught in online sting operations by undercover police. In many instances, these officers, who pose as minors, become more aggressive in their flirting and frequently propose a meeting.

In such cases, a skilled criminal lawyer can effectively argue entrapment. Just being accused of a sexual-related crime involving a minor can severely affect your personal and professional life. A conviction for either a misdemeanor or a felony can lead to serious legal repercussions.

If you are facing allegations of arranging a meeting with a minor for lewd purposes, contact our criminal defense attorneys at Eisner Gorin LLP for a case review. 

Related Content:

• Sending Harmful Material to Seduce a Minor.