Penal Code 288.4 PC - Arranging a Meeting with a Minor for Lewd Purposes
California Penal Code 288.4 PC is the statute making it a crime to arrange a meeting with a minor under 18 with the intent to engage in sexual conduct at the meeting, often called solicitation of a minor.
This crime is a wobbler that can be charged as either a misdemeanor or a felony, which carries up to four years in prison and sex offender registration. Anyone attempting to arrange a meeting with a minor for lewd purposes is considered a sexual predator and could be charged under PC 288.4; whether a meeting occurs is irrelevant.
The intended sexual conduct to file Penal Code 288.4 charges includes a defendant exposing their genitals or rectal area, causing the minor to expose their own, and engaging in lewd and lascivious act, such as touching the minor's body for the purpose of sexual gratification or arousal.
PC 288.4 says, “(a) (1) Every person who, motivated by an unnatural or abnormal sexual interest in children, arranges a meeting with a minor or a person he or she believes to be a minor for the purpose of exposing his or her genitals or pubic or rectal area, having the child expose his or her genitals or pubic or rectal area, or engaging in lewd or lascivious behavior, shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.
(2) Every person who violates this subdivision after a prior conviction for an offense listed in subdivision (c) of Section 290 shall be punished by imprisonment in the state prison.
(b) Every person described in paragraph (1) of subdivision (a) who goes to the arranged meeting place at or about the arranged time shall be punished by imprisonment in the state prison for two, three, or four years.
(c) Nothing in this section shall preclude or prohibit prosecution under any other provision of law.”
What Factors Must Be Proven for a PC 288.4 Conviction?
To legally define Penal Code 288.4 PC arranging a meeting with a minor for lewd purposes, let's review the “elements of the crime” that must be proven for a conviction, including the following:
- You arranged a meeting with a minor or someone whom you believed was a minor under the age of 18,
- When you arranged the meeting, you were motivated by an unnatural or abnormal sexual interest in children, which could be proven by showing the context of your relationship with the minor using emails, texts, chats, etc.
- You intended to expose your genitals, pubic or rectal area, or
- You intended to have the minor expose their genitals or rectal area or
- You intended to engage in lewd or lascivious conduct, which includes touching them for a sexual purpose on their bare skin or through clothes (PC 288).
Arranging a Meeting with a Minor – Quick Facts
There are some essential facts you should know about Penal Code 288.4 PC arranging a meeting with a minor for lewd purposes, such as the following:
- Arranging a meeting with a minor is a crime, even if the meeting never actually occurs.
- If a meeting occurs, there is no requirement for sexual contact, and there are enhanced penalties for attending the meeting you arranged.
- The actual age of the intended victim is irrelevant. You must only believe they are minors under the age of 18.
- This law enables police to pose as minors online to seek would-be sexual predators who are attempting to meet minors.
- Penal Code 288.4 PC is often enforced through police sting operations with undercover officers pretending to be minors.
- Lewd or lascivious behavior is generally described as sexually crude and offensive desire towards a child. It means the defendant intends to engage in sexual behavior with the victim.
- Sexual behavior is generally described as either touching or exposing the genitals of either the defendant or the victim for the purpose of sexual arousal of either the defendant or the victim.
What Are Related Crimes?
California has several crimes that are related to Penal Code 288.4 PC arranging a meeting with a minor for lewd purposes, including the following:
Penal Code 288.2 PC – sending harmful matter to a minor
Sending harmful material to a minor law makes it a crime to send explicit or obscene material to a minor with the intent to arouse yourself or the minor sexually and with the intent to seduce the minor. The “sending” could be through the mail, the Internet, or other forms of electronic communication.
Often, arranging a meeting with a minor for lewd purposes also involves sending explicit material to a minor, meaning both crimes can be filed. Sending harmful material to a minor is typically a wobbler, but a felony conviction carries up to four years in state prison.
Penal Code 288 PC – lewd acts with a minor
Lewd or lascivious acts with a minor law make it a crime to touch a minor anywhere on their body for sexual purposes. This crime is a wobbler, and the penalties will depend on whether the minor is under 14 or they are 14 or 15 and whether the defendant is at least ten years older than them.
Penal Code 261.5 PC – statutory rape
Statutory rape is the crime of engaging in sexual intercourse with a minor under the age of 16, even if it is consensual. The penalties for statutory rape will depend on the ages of both parties, such as the following:
- It's a misdemeanor if the age difference is three years or less.
- It's a wobbler with a jail sentence of up to three years if the defendant is over three years older than the minor.
- It's a wobbler, with a jail sentence of up to four years if the defendant is older than 21 and the minor is under 16.
Penal Code 311 PC – child pornography
Child pornography laws in California are broad and include a range of illegal behavior related to obscene material depicting minors under 18 engaged in sexual activity.
PC 311 covers developing, duplicating, printing, or exchanging child porn and hiring or persuading a minor to participate in the production of child porn. This law also makes it a crime to have possession of child porn. Most cases of child porn are felonies that carry harsh penalties.
What Is the PC 288.4 Penalties?
Suppose you are convicted of violating Penal Code 288.4 PC by arranging a meeting with a minor for lewd purposes. In that case, the penalties will depend on the case details and your criminal history, such as the following:
A PC 288.4 misdemeanor will carry the following punishments:
- Up to one year in county jail,
- A fine of up to $5,000,
- Summary probation.
If you were convicted of felony PC 288.4, arrange to meet a minor for lewd purposes due to a previous conviction for a sex crime requiring registration under California's Sex Offender Registration Act, you will face the following punishments:
- 16 months, two or three years in a California state prison,
- A fine of up to $10,000,
- Formal felony probation.
A PC 288.4 felony will be filed if you have a prior sex crime conviction requiring sex offender registration (Penal Code 290 PC), including the following offenses:
- Penal Code 243.4 PC - sexual battery,
- Penal Code 261 PC - rape,
- Penal Code 289 PC – sexual penetration with a foreign object,
- Penal Code 287 PC - oral copulation by force or fear,
- Penal Code 314 PC - indecent exposure.
Suppose you have one of the above convictions. In that case, you will face the following penalties:
- 16 months, two, or three years in state prison.
- A fine of up to $10,000,
- Formal felony probation.
Are There Enhanced Penalties for Going to a Meeting with a Minor?
Yes, there are felony penalties for actually going to a meeting with a minor for lewd purposes. This means if you show up at the arranged meeting, as seen in the reality TV show “To Catch a Predator,” you are facing the following enhanced punishments:
- Two, three, or four years in state prison,
- A fine of up to $10,000,
- Formal felony probation.
Do You Have to Register as a Sex Offender?
Yes. If convicted of violating Penal Code 288.4 PC by arranging a meeting with a minor for lewd purposes, you will be required to register under California's Sex Offender Registration Act, defined under Penal Code 290 PC, as follows:
- Misdemeanor conviction will be classified as a tier-one, with a minimum 10-year registration requirement.
- Felony conviction will be classified as a tier-three, with a lifetime requirement.
Convicted sex offenders living in California are required to register with the local police. Registration must be renewed every year within five days of their birthday and when they move to a new location. Failure to register as a sex offender can be charged as a separate crime.
What Is the PC 288.4 Defenses?
If you are accused of violating PC 288.4, our California criminal defense lawyers can utilize different strategies, such as the following arguments:
- You had a reasonable belief the alleged victim was an adult.
- You were not motivated by a sexual interest in minor children.
- You did not intend to engage in lewd acts at the meeting.
- You are the victim of police entrapment.
Perhaps we can argue that you had a reasonable belief the victim was an adult over the age of 18. Maybe you were told a lie while communicating with them online.
Perhaps we can argue that you did not have an unnatural or abnormal sexual interest in the minor child. Possibly, you were motivated by loneliness and just wanted to talk to someone. Maybe we can say there was no romantic interest.
We could argue that you had no intent to engage in lewd or lascivious conduct during the arranged meeting, which the circumstances could support. It must be proven you had intent to engage in sexual activity at the meeting.
Perhaps you are the victim of police entrapment. It's a common tactic of law enforcement to pose as minors to entice people to set up meetings with them. Sometimes, police tactics go too far during online sting operations, and they persuade you through pressure or flattery to commit a crime you would have otherwise not committed.
Perhaps we can negotiate and persuade the prosecutor not to file formal charges (DA reject). Contact our law firm for a free case evaluation. Cron, Israels & Stark is based in Los Angeles. CA.
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