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).

What is California PC 288.5?

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:

1. Occur over a period of at least three months.
2. Involve either “substantial sexual conduct” (as defined in Penal Code 1203.066) or “lewd or lascivious conduct” (as defined in Penal Code 288).
3. The perpetrator must either live in the same home as the child or have recurring access to them.

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.

Penalties for Continuous Sexual Abuse of a Child (PC 288.5) in Los Angeles, California

If you’re convicted of violating Penal Code 288.5, then these are some penalties that may be levied on you:

• Six to sixteen years in prison.
• *However, a conviction for this offense, under specific circumstances, can lead to Life in Prison under Penal Code section 667.61.
• A fine of up to $10,000.
• Lifetime registration as a sex offender in PC 290.

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.

Defense Strategies for California PC 288.5 Explained by Lawyer Kevin Moghtanei

Facing PC 288.5 accusations is frightening, but there are strong defense strategies available. Here are some strategies from Kevin Moghtarei:

1. False Accusations: At times, children are coerced or threatened into making false accusations. Proof of a rocky relationship and inconsistency in charges by any accuser is also important.
2. Lack of Evidence: The prosecution must prove all elements of the crime with evidence beyond a reasonable doubt. This defense can be strong, as you may call into question the force behind the evidence or produce alibis for yourself.
3. Wrong Victim: False identification can be made in situations where the alleged victim happens to be part of a group.

Why Choose DCD LAW Firm to Defend Continuous Sexual Abuse of A Child (PC 288.5) Charges?

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:

• Kevin Moghtanei has a proven record of success in handling sex crimes, including PC 288.5.
• DCD LAW Firm is committed to defending your rights and getting the best possible results.
• DCD LAW Firm understands the emotional difficulty this charge likely brings; hence, we will offer you full support to cope with the trauma.

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!