Home » California Penal Code 288.5 (Continuous Sexual Abuse of a Child) Explained by Los Angeles Sex Crime Lawyer Kevin Moghtanei
California Penal Code 288.5, also known as continuous sexual abuse of a child, addresses a specific type of abuse involving repeated offenses over a prolonged period.
It is a felony sex crime involving continuous sexual abuse of a minor under 14 years old. It is when an individual is alleged to have engaged in 3 or more acts of substantial sexual conduct with a minor who is under 14 years, over the course of at least one period lasting 3 months within any given year.
Another condition is that the illegal act must be committed by a person who either lives in the same house or has regular access to the child. This is a felony sex crime with a maximum state prison sentence of 16 years. However, a conviction for this offense, under specific circumstances, can lead to life in prison under Penal Code section 667.61.
The PC 288.5 is a crime that often goes hand-in-hand with the closely related Penal Code 288 PC and its prohibition against committing any “lewd or lascivious acts” on or with someone under age 14 (punishable by penalties of up to 10 years in state prison).
California Penal Code 288.5 defines continuous sexual abuse of a child as a perpetrator indulging in 3 or more acts of sexual conduct with a minor under 14 years old. These acts must:
Penal Code 288.5 also highlights the continuous nature of committing a set of sexual abuses against a minor, which means the more the alleged substantial sexual conduct, the more severe the charges will be. If you are convicted of PC 288.5, then the offense is a registerable sex offense under Penal Code section 290 PC, and registration as a sex offender would be mandatory.
If you’re convicted of violating Penal Code 288.5, then these are some penalties that may be levied on you:
Sex offender registration requires an individual to register within 5 days of their birthday each year at the local police station and typically carries residency restrictions.
A Penal Code 288.5 is considered by statute to be a serious and violent felony offense, which makes this charge a “strike” under California’s Three Strikes Law. In California, the habitual sex offender law is defined by Penal Code 667.71 PC.
The defendant may also be ordered to pay restitution if applicable, and the victim shall receive a protective order that defines any contact with the minor. In several instances, the Los Angeles County Child Protective Services can take away the minor from home.
The office alleges the case is a crime of moral turpitude, which implies an undocumented immigrant will be deported after their sentence.
Facing PC 288.5 accusations is frightening, but there are strong defense strategies available. Here are some strategies from Kevin Moghtarei:
If you want to build a strong defense against PC 288.5 charges, you should hire trained and experienced sex crime attorneys to represent you. DCD LAW Firm, led by Kevin Moghtanei, provides a vigorous defense against these charges. Here’s why you should choose DCD LAW Firm to represent you in court:
If you or someone you know has been in a PC 288.5 Case, then contact DCD LAW Firm today for a free, no-obligation consultation!