Can a person be charged with lewd or lascivious conduct?

The victim may have been subject to illegal sexual acts but may misidentify the perpetrator. Another possible defense to a charge of lewd or lascivious conduct is that there was no lewd or lascivious intent. The potential penalties for this crime vary based on a number of factors. One of the most significant factors is the age of the defendant.

How is lewd and lascivious acts with a minor defined?

Under California Penal Code Section 288, the legal definition of lewd and lascivious acts with a minor consists of two elements of the crime that a prosecutor must prove beyond a reasonable doubt: You willfully touched any part of a child’s body or that you willfully caused…

How long do you go to jail for lewd and lascivious acts?

If your alleged victim was a child under 14 years of age, but you did not use force, then your potential sentence is three, six, or eight years in prison. In addition to a lengthy prison sentence, those found guilty of a lewd and lascivious act must register as a sex offender for a term of life.

How old do you have to be to commit a lewd act in California?

PC 288 (c) – Lewd or Lascivious Acts with a Child Who is 14 or 15 years Old Performing a lewd or lascivious act with a child who is 14 or 15 years old is a crime under California Penal Code Section 288 (c) if you are 10 years older or more than the minor at the time of the touching. This crime carries a lighter sentence than PC 288 (a).

What is lewd and lascivious conduct in California?

Apr 16, 2018 by in Criminal Defense, Sex Crimes. California law defines lewd and lascivious conduct as sexual acts which are considered to be highly offensive and contrary to common standards of behavior.

Can a minor be charged with a lewd or lascivious act?

If you committed a lewd or lascivious act involving a minor 14 or 15 years old and you were at least 10 years older than the minor, you could be convicted under PC 288 (c). This crime is a wobbler offense, meaning it could be charged as a misdemeanor or a felony depending upon the circumstances of the case.

If your alleged victim was a child under 14 years of age, but you did not use force, then your potential sentence is three, six, or eight years in prison. In addition to a lengthy prison sentence, those found guilty of a lewd and lascivious act must register as a sex offender for a term of life.

What’s the difference between lewd and lascivious molestation?

Lewd and Lascivious Molestation (inappropriate touching of a child under 16 on their genitals, breasts, or buttocks or over the clothing covering such areas) Lewd and Lascivious Conduct (inappropriate touching of a sexual nature of a child under 16)