Let's review the special considerations involving lewd acts with a minor child under the age of 14. Facing charges under California Penal Code 288(a), commonly referred to as lewd or lascivious acts with a child under 14, is a serious matter.
This statute is distinct in many ways from other criminal offenses, and understanding its unique features can help you prepare your defense.

The law goes to great lengths to protect minors from sexual abuse to the point of broadening the definition of what constitutes abuse and even how sentencing is administered if you are convicted.
PC 288 (a) says, "Except as provided in subdivision (i), a person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years."
Simply put, this law prohibits committing lewd or lascivious acts with a minor under the age of 14. Lewd acts have to occur to arouse or appeal to the desires of the defendant or the child if they're to be illegal under this law.
Notably, however, actually arousing, appealing to, or gratifying your lust, passions, or the sexual desires of yourself or the child is not required.
While PC 288(a) doesn't entitle you to a mistake of fact instruction regarding age in your defense, you can assert a mistake of fact defense to attempted lewd acts. Also, each act that meets the requirements of section 288 can result in a new and separate statutory violation.
What Is a Lewd Act Under PC 288a?
California Penal Code 288(a) prohibits lewd or lascivious acts involving a child under 14 years old, performed with the intent to arouse or gratify sexual desires either of the perpetrator or the victim. These acts do not require physical harm or overt violence; even minimal touching intended for sexual gratification falls under this law.
Examples of this offense may include, but are not limited to:
- Inappropriate sexual touching of a child.
- Coercing a child to touch an adult or another child for sexual purposes or
- Asking a minor to expose themselves as part of a sexually motivated act.
To convict you under PC 288(a), the prosecution must prove the following elements of the crime beyond a reasonable doubt:
- Willfully. You intended to do what was necessary to violate the law.
- Touched. You touched any part of a child's body, the bare skin or through the clothing, or
- Caused. You caused a child to touch their body, your body, or the body of someone else, and
- Intent. You intended on arousing, appealing to, or gratifying the lust, passions, or sexual desires of yourself or the child, and
- Under Age 14. The child was under the age of 14 at the time of the act.
Lewd Acts with a Child - Quick Facts
Some important quick facts to note about Penal Code 288(a) lewd acts with a child, as shown by case law:
- Inappropriate touching doesn't have to be "skin to skin." Over-the-clothes touching counts as a violation if done with sexual intent. So does urging a minor to touch themselves for the perpetrator's gratification (e.g., encouraging a minor to masturbate during a video chat).
- Touching doesn't have to involve sexual organs. Contact with any part of the perpetrator or the child's body counts as lewd or lascivious as long as it can be shown to be for sexual gratification.
- There is no minimum time standard for inappropriate touching. Even grazing a child momentarily in an inappropriate manner may result in criminal charges under this statute.
- Consent is irrelevant. Under California law, anyone under the age of 18 is not legally capable of consent.
Separate Charges for Each Instance & Attempted Acts
PC 288(a) carries a critical distinction: each instance of lewd or lascivious conduct can result in a separate charge. For instance, if a child reports multiple occurrences of inappropriate touching over weeks or months, each act may be charged individually, even if the same victim is involved.
This cumulative nature of charges significantly increases potential sentencing exposure, making it essential to examine all allegations to assess their validity and timeline.
The State of California may also bring criminal charges for attempting to commit a lewd act with a minor. Under the provisions of Penal Code 664, a person attempting to commit the act without success may be sentenced to the same penalty as if they had succeeded.
For example, if you are accused of pressuring a minor to engage in a sexual act and the minor declines, you can still be charged under PC 288(a) for the attempted act, even if nothing further happened.
Sentencing and Other Consequences for PC 288(a) Convictions
PC 288(a) is a felony offense punishable by three, six, or eight years in state prison. However, there are additional issues to consider even with sentencing, as well as repercussions that may linger for many years afterward. Here's what you need to know:
- No Suspended or Split Sentences. Individuals convicted of lewd/lascivious acts with a minor are not eligible for suspended or split sentencing. This means you are not eligible to serve part of your sentence under supervised probation or house arrest; incarceration is mandatory for the entire sentence if you are convicted.
- Concurrent Sentencing for Multiple Convictions. While defendants can face multiple charges for repeated acts, California law often mandates concurrent sentences for PC 288(a) convictions involving the same victim during a single course of conduct. This means that instead of serving time consecutively for each separate charge, you will likely serve your sentences at the same time. However, this rule has exceptions if the violations occurred in distinct contexts or with multiple victims.
- 3-Strikes Law Eligibility. Lewd acts with a child under 14 are classified as violent felonies under California's Three Strikes Law. A conviction will add a strike to one's criminal record, and if you have two prior strikes, a new PC 288(a) conviction could result in a mandatory sentence of 25 years to life.
- Required Sex Offender Registration. Under California law, lewd acts with a minor qualify as Tier 2 sex offenses. This means you'll be required to register as a sex offender and keep that registration current for at least 20 years.
- Grounds for Deportation for Immigrants. Convictions under PC 288(a) are considered aggravated felonies and crimes of moral turpitude under federal immigration law. Non-citizen defendants, including lawful permanent residents, may face severe immigration consequences such as deportation and permanent inadmissibility to reenter the United States.
What are the Related Offenses?
The crimes listed below are considered related because they're frequently charged with Penal Code 288(a) and have common elements of the crime that the prosecutor must prove beyond a reasonable doubt. The California Penal Code contains several offenses related to lewd acts with a child, including:
- Sending Harmful Material To Seduce A Minor (PC 288.2).
- Contact a Minor With Intent To Commit Certain Felonies (PC 288.3).
- Arranging a Meeting With a Minor For Lewd Purposes (PC 288.4).
- Sexual Intercourse or Sodomy With a Child Under 10 (PC 288.7).
- Continuous Sexual Abuse (PC 288.5).
- Annoying or Molesting a Child (PC 647.6).
- Distributing Obscene Matter of a Minor (PC 311.1).
- Oral Copulation on a Minor (PC 288a).
- Sexual Battery (PC 243.4).
- Kidnapping (PC 207).
What are the Common Defenses?
While these charges are dire, there are defenses that an experienced California criminal defense attorney can use depending on the circumstances of your case. Common defenses include:
- Lack of Intent: Since intent is a key element of PC 288(a), proving there was no sexual motivation behind the alleged actions can be a strong defense.
- False Allegations: Young children may misinterpret actions, or allegations may arise from manipulation during custody disputes or from coercion by another adult.
- Insufficient Evidence: Cases under PC 288(a) often rely heavily on a child's testimony. While such testimony carries significant weight, it must still be supported by corroborating evidence. A skilled defense attorney will examine the prosecution's evidence closely, looking for gaps, inconsistencies, or a lack of corroborative proof.
For more information, contact our criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, CA.
Related Content: