Under California Penal Code 288.5, continuous sexual abuse of a child is the crime you commit when you engage in three or more acts of sexual conduct with a child. When you face charges under this statute, the prosecutor must prove that the sexual acts occurred within three months and that you have had constant contact with the alleged victim. California law is stringent on defendants accused of committing crimes against minors. For this reason, a conviction for continuous child sexual abuse attracts serious legal penalties.

In addition to spending time in jail, the court will mandate a sex offender registration after a conviction under this statute. Being labeled a sex offender in California can affect multiple aspects of your life. Therefore, if you or a loved one faces charges for continuous sexual abuse of a minor, you will require the guidance of a skilled sex crime defense attorney to fight your charges.

Understanding Continuous Sexual Abuse of a Child

California has some of the country's most stringent laws on sex crimes. Any unwanted sexual contact with another person may be prosecuted as sexual abuse.  Although charges for sex crimes are serious, the situation becomes more severe when the victim is a minor. Under California law, a minor is an individual under eighteen years. This group lacks the mental and legal capacity to consent to a sexual act. Therefore, any form of sexual contact with a child is considered abuse.

Continuous sexual abuse of a child occurs when you engage in three or more sexual acts with a child under fourteen years within three months. Before you face a conviction for continuous sexual abuse of a minor, the prosecution must prove the following elements:

You Had Recurring Access to the Minor

The first element that helps establish your guilt for continuous child molestation is your ability to access the child constantly. In most cases, sexual abuse of children is done by those closest to them. Therefore, the prosecutor must prove that you either lived in the same home as the child during the act or spent time with the alleged victim.

You Engaged in Three or More Specific Sexual Acts with the Victim

Under California PC 288.5, sexual conduct could be categorized as any of the following acts:

  • Oral copulation. Oral copulation involves any form of contact between the mouth of one person and the genitals of another individual. Sexual penetration is not necessary to prove oral copulation. Therefore, you can be arrested and convicted for continuous sexual abuse for engaging in three acts of oral copulation with a child.
  • Lewd conduct with the child. Lewd conduct is the willful touching of a minor with the intent of sexual arousal or gratification. Your actions are considered lewd if you touch a child's bare skin or cause the child to touch you. Sexual contact that occurs simultaneously is classified as one count for this statute. For example, if you simultaneously engage in oral copulation and lewd conduct, the prosecution will not count it as two instances.
  • Sexual Penetration. Another sexual conduct that the prosecution can use as a basis for continuous child sexual abuse charges is penetration. This type of sexual conduct involves penetration of the vagina or reduction of the perpetrator or victim.

The Sexual Acts Occurred Within a Three Months Duration

Sexual abuse is considered continuous if it happens more than three times. However, the sexual act does not always have to be similar. Additionally, the duration between the first and last act must be up to three months.

The Victim of Your Acts Was Under Fourteen Years

Although all individuals under eighteen years cannot consent to a sexual act, continuous child molestation is only charged to individuals who engage in sexual acts with a child under fourteen. If the victim of your crime is above this age, you will be charged with other types of sexual abuse.

Sentencing and Penalties for Violating Penal Code 288.5

Continuous sexual abuse of a child is a felony. A conviction for this crime attracts a prison sentence ranging from six to sixteen years in state prison. Additionally, the court could impose a maximum of $10,000 in fines.

A felony violation of California PC 288.5 is a strike under California three strikes law. California PC 667 defines a sentencing scheme that gives defendants a sentence of twenty-five years to life following a conviction for multiple felonies. If your conviction under PC 288.5 is your first felony conviction, you are considered a first striker. However, you will face a double sentence for your crime if you have another strike on your record.

You are considered a third striker if you have at least two felony convictions for your record and are currently facing charges for continuous child sexual abuse. As a third striker, a conviction under this statute is punishable by twenty-five years to life in prison. You can fight to have your charges dismissed with a strong defense team. In this case, you will not have to deal with sentence enhancement.

Sex Offender Registration for Continuous Sexual Abuse of a Minor

Under the Sex Offender Registration Act, you must register as a sex offender after a conviction for some sex offenses in California. Before the enactment of Senate Bill 384, individuals convicted of sex crimes were required to register as sex offenders for a lifetime. After the enactment of the new laws, the number of years you remain in the registry varies depending on the seriousness of your conviction.

Sex offender registration entails registering your primary address with the local law enforcement agency within five days of completing your prison sentence. Beyond the initial registration, your actions will be guided by factors like being declared a violent sexual predator and enrolling in an institution of higher learning.

If you move, you must legally present your information to the local police within five days of the relocation. Being in the sex offender registry will affect not only your reputation but also your relationships with other people. For continuous sexual abuse of a child, you must register as a sex offender for a lifetime with annual renewal. Some defendants can be eligible for removal from the sex offender registration. However, after a conviction for PC 288.5, you must remain in the registry.

Legal Defense Against Penal Code 288.5 Charge

Child molestation charges are severe, and a conviction's consequences go beyond prison time and fines. You can avoid these life-altering consequences by hiring a skilled lawyer to help you with the defense. The following are some arguments you can present against your charges:

Mental Disability

You cannot be convicted of a crime if there is sufficient evidence to prove that you were insane at the time of the act. You are considered to be legally insane if:

  • You did not understand the nature of your criminal acts.
  • You did not understand that your actions were immoral.

You can battle PC 288.5 charges by arguing insanity or mental disability.

False Allegations

Many child-abuse allegations are the aftermath of separation or divorce from parents. After a divorce, each parent can do anything to gain the upper hand in a custody battle. One of the schemes used by some parents is to accuse their ex-spouse of sexually or physically abusing the child. Since family courts aim to protect minors' well-being, the judge would be hesitant to award custody or visitation to a person accused of sexual abuse.

Other factors that could compel someone to falsely accuse you or continuous sexual abuse a child are a fit of jealousy, anger, or a need for revenge. If you believe you are a victim of false accusations, your attorney will work hard to uncover the false accusation scheme and prove your innocence.

Involuntary Intoxication

Intoxication is not an excuse to commit a crime in California. However, you can argue that you were involuntarily intoxicated when you engaged in sexual acts with the child. Therefore, you were not in the right mental capacity to know that you were engaging in a sexual act with the child.

The Alleged Victim Doesn’t Meet the Given Age

Criminal charges for continuous sexual abuse of a minor will only result in a conviction if the prosecutor proves that the alleged victim was under fourteen years. The court could dismiss your charges if the victim were an adult when you engaged in the act. You will be charged with a different offense if the child is fourteen or over. Different statutes under California law provide an age criterion when determining the exact charges you must face for your actions.

No Sexual Act

One of the key elements that must always be clear when establishing your guilt under California PC 288.5 is that you engaged in substantial sexual acts with a child. Some sexual acts like oral copulation and lewd conduct do not require evidence. Slight touching of a child’s body may be considered sexual abuse. Therefore, your attorney can argue that while there was contact between you and the alleged victim, the contact was not sexual.

For example, as you walk along the road with your twelve-year-old niece, you may notice a vehicle about to hit the child. Your response will be grabbing the child to remove them from the dangerous situation. However, if you accidentally touch the child’s buttocks during such an instance, some people could mistake it for sexual abuse. A skilled attorney can put up a good fight to prove that there was no sexual activity.

Frequently Asked Questions on Penal Code 288.5

Facing an arrest and criminal charges for continuous sexual abuse of a minor is challenging. The consequences that accompany the conviction are serious and life-changing. When you face the arrest, you may feel confused about the situation. Learning what the crime entails and the possible consequences is a key part of building a defense. The following are some frequently asked questions about the continuous sexual abuse of a minor in California:

  1. Can I still face a conviction for continuous sexual abuse of a child if there is no physical evidence?

Under California PC, sexual abuse is sexual contact with a child. Some acts, like oral copulation or lewd conduct, cannot be backed by physical evidence. Therefore, you can face a conviction under this statute based on the child’s testimony on account of events.

  1. Will I be allowed contact with my child while my PC 288.5 is pending?

Continuous sexual abuse of a minor is a serious offense. The consequences of the crime begin even before you face a conviction. Therefore, the judge could issue a criminal protective order after your arrest. The CPO prohibits you from all forms of contact or communication with the child. This can significantly impact your family relationships.

  1. Can I be charged with continuous sexual abuse of a minor if I am a family member?

Most sex crimes against children are committed by individuals who have close relationships with the child. Therefore, being a family member does not protect you from an arrest and conviction for violating California Penal Code 288.5.

  1. What happens to my custodial rights after a conviction for sexual abuse of a child?

Most allegations of child abuse arise in the middle of divorce and custody battles. Before awarding you custody or visitation, the court will look into your criminal history. Having a child sexual abuse arrest or conviction on your record could affect your rights to the child. If you already have custody of the child, the other parent can bring the conviction up in the custody modification hearing.

  1. Does a Conviction under PC 288.5 affect my gun rights?

Yes. A conviction for continuous sexual abuse of a young child will harm your gun rights. Under California law, a person who faces a felony conviction loses their right to possess. Purchase or own a firearm. If you already owned a firearm before a conviction, the court may mandate that you surrender the firearm to law enforcement.

If you are found in possession of a firearm after such a conviction, you can be arrested and charged with a separate crime of felon in firearm possession under PC 29800. Violation of this statute is a felony that attracts up to three years in state prison and a $10,000 fine.

  1. Can I be deported for continuous sexual abuse of a minor?

Sexual abuse of a child is a crime of moral turpitude. Therefore, if you are an immigrant in the United States, facing an arrest and conviction under this statute could attract severe immigration consequences. Common immigration consequences could include deportation or being rendered inadmissible. Deportation means that you will be forcefully removed from the country. On the other hand, inadmissibility means that if you leave the country, you cannot return.

Deportation or inadmissibility can significantly affect your livelihood and family relationships in the United States. Therefore, seeking legal guidance to fight the charges is critical.

  1. Is it easy to win a child sexual abuse case?

No. When you face charges for continuous sexual abuse of a child, the defense is an uphill task. Some of the common reasons why winning such a case is difficult to include the following:

  • Many jurors are sympathetic towards children and harsh on individuals suspected of harming a minor. Even when a child is coached to lie about sexual abuse, the court and society favor the child more.
  • No physical evidence is necessary to prove continuous sexual abuse of a minor
  • Victims of child sexual abuse can refuse to cooperate with investigators.

However, a skilled criminal attorney can navigate the stereotypes and obtain a favorable case outcome.

  1. Can I Expunge a PC 288.5 conviction?

The consequences of a conviction for violating PC 288.5 attract long-lasting consequences. Having such a conviction on your record will affect your ability to secure meaningful employment or a place to live. Many people who face criminal convictions can avoid the disabilities of their convictions through an expungement. Unfortunately, you cannot expunge a conviction for continuous sexual abuse of a child.

One of the reasons why a conviction under this state is not eligible for expungement is because you will spend prison time for the offense. One requirement for expungement filing is that you must not have spent time in prison for your crime.

Find a Competent Los Angeles Criminal Defense Lawyer Near Me

Allegations of child sexual abuse are a very serious matter that is aggressively prosecuted and punished. As defined in California Penal Code 288.5, you can face an arrest and charges for sexual abuse of a minor if you engage in multiple substantial sexual acts with a person under fourteen years. Sexual abuse is considered continuous when it happens up to three times within three months. Violation of PC 288.5 is a felony whose conviction attracts serious legal penalties.

Even after serving your prison sentence, the conviction will leave behind a permanent criminal record that can ruin your personal and professional relationships. Fortunately, not all cases of continuous sexual abuse of a child can be backed with sufficient evidence to prove your guilt. With the guidance of a reliable defense attorney, you can build a strong defense to fight your charges and avoid a conviction.

You will need the legal guidance we offer at Los Angeles Criminal Lawyer If you face an arrest or are under investigation for continuous child sexual abuse in Los Angeles, CA. Contact us today at 310-502-1314 and allow us to guide you through your case.