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Evidence Required to Prove California Penal Code 288(a) Violation
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45+ Years Criminal Defense

Experience in California

My Uncle was arrested for violating California Penal Code 288(a); what evidence is necessary to prove that he is guilty?

Sex crimes are one of the most serious offenses that can be committed in California. Committing a lewd and lascivious act on a minor under the age of 14 years old, PC 288(a), is one of the most common sex crimes. Under California Penal Code Section 288, it is a crime for a person to willfully and lewdly commit any lewd or lascivious act upon or with the body of a minor with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child. In other words, it is a crime to touch a minor’s body or have the minor touch your body for sexual arousal.

Under California Penal Code Section 288, there are a number of different scenarios on how the crime can be committed along with different penalties.
Under Section 288(a), the general way of committing this crime is by touching a child under the age of 14 years or having the child touch the defendant’s body with the intentions of sexual arousal. This is a felony and punishable by imprisonment in state prison for up to eight (8) years.


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