Penal Code 288(i) PC - Lewd Acts with a Minor Causing Harm
California Penal Code 288(i) makes it a crime to commit a lewd act on a minor under the age of 14 and to inflict bodily harm on them. This felony sex crime is punishable by life in state prison with the possibility of parole.
Simply put, this crime typically involves touching and inflicting harm on a minor child under 14 for the purpose of sexual gratification or making them feel themselves or someone else for a sexual purpose.
PC 288(i) PC defines this felony as when you commit lewd acts on a minor and then inflict bodily harm on them during the commission of the crime.
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.”
PC 288(i) says, “(1) A person convicted of a violation of subdivision (a) shall be imprisoned in the state prison for life with the possibility of parole if the defendant personally inflicted bodily harm upon the victim.
(2) The penalty provided in this subdivision shall only apply if the fact that the defendant personally inflicted bodily harm upon the victim is pled and proved.
(3) As used in this subdivision, “bodily harm” means any substantial physical injury resulting from using force that is more than the force necessary to commit the offense.”
Lewd Acts with Harm – Explained
To be charged under PC 288(i), the minor victim must be physically harmed during the incident. The circumstances and case details will decide whether they sustained a bodily injury.
The primary law for lewd acts with a minor under Penal Code 288 PC means touching a child under 14 for sexual purposes willfully.
The sexual act must be on purpose rather than accidental touching, and it must be done with the intent to arouse or gratify the lust of the perpetrator, the minor child, or someone else.
The “bodily harm” for a conviction of lewd acts with a minor causing harm must be a significant injury directly related to the lewd acts. A “lewd act” includes willful touching of a minor for sexual purposes or causing a minor to touch themselves for a sexual purpose.
What are the Penalties for PC 288(i)?
Suppose you are convicted of PC 288(i) lewd acts with a minor causing injury. In that case, you will face the following punishments:
- Up to life in prison with the possibility of parole,
- Requirement to register as a sex offender.
Notably, under limited situations, the judge might impose formal felony probation rather than jail time. However, you would still be required to register as a tier-three sex offender for life.
What are Related Sex Crimes?
Several California sex offenses are related to lewd acts with a minor causing harm, such as the following:
- Penal Code 288(a) PC lewd acts with a minor without force means to commit an indecent act with a minor under 14 for sexual gratification. This felony crime carries three, six, or eight years in state prison upon conviction and tier-two sex offender registration for 20 years.
- Penal Code 288(b)(1) PC lewd acts with a minor using force means willfully committing an indecent act with a minor under 14 for sexual gratification while using force or violence. This felony carries five, eight, or ten years in a California state prison and tier-three lifetime sex offender registration.
- Penal Code 288(b)(2) PC lewd acts with force by a caretaker law is violated when a caretaker of a dependent or impaired person commits a lewd act on them. This felony carries five, eight, or ten years in state prison after a conviction and tier-three lifetime sex offender registration.
- Penal Code 287 PC oral copulation with a minor means oral copulation with someone under 18 or with anyone when it is accomplished using force, violence, duress, menace, or fear. A conviction carries up to eight years in state prison.
- Penal Code 261.5 PC statutory rape means engaging in sexual intercourse with someone under the age of 18, regardless of consent. This sex crime is a wobbler that can be filed as either a misdemeanor or felony.
What Are the Defenses for PC 288(i)?
Our California sex crime attorneys can utilize different strategies to challenge charges of Penal Code 288(i) lewd acts with a minor causing harm, such as the following:
- Accidental touching,
- False allegation,
- There were no injuries,
- Coerced confession.
Perhaps we can argue that the sexual touching was accidental. The law requires a willful touching or lewd act. The prosecution must prove, beyond a reasonable doubt, that the touching or lewd act was on purpose and not an accident.
Perhaps we can argue the accusations are false and were made by someone with a motive to lie. Maybe the minor was coached by an adult motivated by jealousy or anger over a bad relationship breakup. Maybe we can show the details of the case were overly exaggerated. Perhaps we can prove the alleged victim is lying.
Perhaps we can argue there were no injuries. There must be evidence of a significant injury to be convicted under this law.
Perhaps we can argue there was a coerced confession. Suppose the police detectives used overzealous coercive techniques to get you to confess. In that case, the judge might exclude the confession being used against you and dismiss the case.
Perhaps we can argue there were Constitutional violations by police, which can lead to the suppression of any evidence. Maybe we can negotiate with the prosecutor for reduced charges or a case dismissal.
Perhaps through prefiling negotiations with law enforcement detectives and the District Attorney's Office, we can persuade them not to file formal criminal charges, commonly known as a “DA reject.” Contact us for more information and a case review. The Hedding Law Firm has offices in Los Angeles, CA.
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