Legal Defense for Lewd Conduct Crimes
Those acts considered as lewd and lascivious battery by the State of California are prosecuted severely by authorities. The age of the child involved and the age of the defendant(s) are key in cases involving lewd and lascivious battery:
- A sexual act with another person who is under 18.
- Any person, over the age of 21, who participates in a sexual act with another person who is under 16 years of age.
- Any person who participates in a sexual act with another person who is under 14 years of age and who is more than 10 years younger than the minor.
- When a sexual act is performed with a child less than 14 years old and the age difference of the defendant is greater than 7 years.
Some of the acts relating to lewd and lascivious battery (with a minor) include:
- Penetration with a foreign object
- Oral copulation
- Coerced sexual penetration
- Aiding and abetting any lewd and lascivious acts with a minor
- Any other act deemed lewd and lascivious by law
A closely related offense is oral copulation with a minor under California Penal Code 288a.
Lewd And Lascivious Molestation
In the State of California under Penal Code 288 PC, it is lewd and lascivious molestation if an individual willfully commits a lewd and lascivious act upon a minor under the age or 14 with the intent of arousing, appealing to, or gratifying the lust, passion, or sexual desires of you or the child. The age of the child is an important factor regarding sentencing, as are the severity of the acts committed.
A closely related offense is oral copulation with a minor under California Penal Code 288a and lewd acts by a caretaker. Lewd acts with a minor using force or fear are defined under Penal Code 288(b)(1) PC.
The crime is a felony which could bring up to 8 years in prison and up to $10,000 in fines or both. You could potentially also have to register as a sex offender.
It is of the utmost importance for anyone accused or arrested for lewd and lascivious molestation to contact a competent criminal defense attorney who can begin an investigation into the charges and start building a suitable defense.
There can be mitigating evidence that should be sought, as well as uncovering of absolute proof of the accusations. For instance, there must be proof that you willfully intended to arouse, appeal to or gratify the lust, passion or sexual desires of you or the child.
Also, if the child is not under 14, there is a different application of the law that potentially reduces the severity of the act.
There are circumstances where an adult is wrongfully accused of lewd and lascivious molestation. Authorities won't often question allegations made by a child who may be untruthful in order to attain some real or imagined gain.
Enlist Skilled Representation for Help
If you have been charged with lewd and lascivious battery contact with a practiced criminal defense attorney is vital to the final results of your case. Any of the above acts are punishable as a felony and depending on their severity, bring huge fines and serious imprisonment as well as potential enhancements that increase penalties.
We also defend clients facing charges of arranging a meeting with a minor for lewd purposes under California Penal Code Section 288.4
However, there are defenses that a criminal defense lawyer with Cron, Israels & Stark can pursue on your behalf. With our extensive background handling these types of cases, our firm will pursue obtaining the best possible outcome for your case.
Just because you have been accused of lewd and lascivious battery does not mean that you are guilty and that there might not be mitigating circumstances that the prosecution has overlooked.
Get the help you need now to avoid an outcome that could be devastating to your future. Contact our firm today to retain an experienced criminal lawyer for your case.