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California Penal Code § [Section] 288(a) – Lewd Acts On A Child

California Penal Code § [Section] 288(a) – Lewd Acts On A Child

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California Penal Code [CPC] §288(a)Lewd Acts On A Child – Penal Code Section 288(a) prohibits committing lewd or lascivious acts[1] with a minor under fourteen. Lewd acts have to occur to arouse or appeal to the desires of the defendant, or the child, if they're to be illegal under this Section but “[a]ctually arousing, appealing to, or gratifying [your] lust, passions, or [the] sexual desires of” yourself or the child “is not required.”[2]

Conviction under §288(a) can result in a prison sentence of up to eight years, payment of a fine of up to $10,000, or both imprisonment and a fine, and an additional fine of up to $10,000, which must be paid into a victim's relief fund. You'll also be required to register as a Sex Offender for the rest of your life.   

What Does California Penal Code §288(a) [Lewd Acts On A Child] Prohibit?

In sum, to be guilty of Lewd Acts On A Child under CPC §288(a), the prosecution must prove that:

  • You touched a child's body or got a child to touch the child's body, your body, or someone else; AND,
  • The touching occurred on bare skin or through clothing; AND,
  • The touching was for sexual reasons; AND,
  • The child was under fourteen.

Defining “Lewd Acts On A Child” Under California Penal Code §288(a)

To convict you under CPC §288(a), the prosecution must prove the following beyond a reasonable doubt:

  • Willfully:[3] You intended on doing what was necessary to violate the law; AND,
  • Touched: You touched any part of a child's body on the bare skin or through the clothing; OR,
  • Caused: You caused a child to touch his or her body, your body, or the body of someone else; AND,
  • Skin/Clothing: The touching occurred on bare skin or through the clothing; AND,
  • Intent: You intended[4] on arousing, appealing to, or gratifying the lust, passions, or sexual desires of yourself or the child;[5] AND,
  • Under Age Fourteen: The child was under the age of fourteen years at the time of the act.[6]

Note: “A minor under age 14 may be convicted for violating Penal Code section 288(a) on clear proof of the minor's knowledge of wrongfulness and the minor's intent to arouse his or her own sexual desires.” Additionally, while CPC §288(a) doesn't entitle you to a mistake of fact instruction regarding age in your defense, you can assert a mistake of fact defense to attempted lewd acts. Finally, “[e]ach individual act that meets the requirements of section 288 can result in a new and separate statutory violation.”[7]

Example: Single Mother's new boyfriend, Defendant Dominic, is attracted to Victim Valentina, Single Mother's fifteen-year-old daughter. Dominic, knowing that Single Mother isn't home, goes to Single Mother's house one afternoon because Valentina is sunbathing in the backyard. He approaches Valentina, touches her bared arms, and tries to coax her into taking off her clothes. Valentina flees, calls the police, and has Dominic arrested. Dominic is charged under CPC §288(a). Should he be convicted?

Conclusion: Dominic willfully touched Valentina's bare skin. Dominic was, as the facts state, attracted to Valentina; he even tried to convince Valentina to disrobe after touching her. Therefore, Dominic tried to gratify his own sexual desires by touching Valentina. However, as the facts also state, Valentina was age fifteen at the time of the act. Thus, although Dominic can be convicted of another offense,[8] he can't be convicted under CPC §288(a) simply because Valentina wasn't under fourteen years of age at the time.

Penalties For Lewd Acts On A Child Under CPC §288(a)

  1. Lewd Acts On A Child (CPC §288(a))

Penal Code Section 288(a) creates a Felony offense. If you're convicted under this Code Section, you face up to eight (8) years in a state prison[9]  and a fine of up to $10,000 (ten-thousand dollars), or both imprisonment and a fine.[10] However, depending on the facts of your case,[11]  CPC §288 permits the court to assess an additional fine of up to $10,000 (ten-thousand dollars), with additional amounts to “be deposited in the Victim-Witness Assistance Fund [so as] to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs[.]”[12]  

  1. Sex Offender Registration (CPC §290(c))

Conviction under CPC §288(a) requires Sex Offender registration.[13] Current law dictates that those convicted of Lewd Acts under Section (a) must register with the state for the duration of their lives. However, in 2021 this will change; those convicted once of Lewd Acts On A Child will be “Tier 2” offenders required to register for at least twenty years.[14] Subsequent convictions will yield a “Tier 3” designation, requiring lifetime Sex Offender registration.[15]

  1. Suspension of Sentence

It's also possible to have a sentence suspended under Section 288(a). However, while suspension of your sentence may eliminate the requirement of spending years in prison, suspension cannot occur “until the court obtains a report from a reputable psychiatrist, [or] from a reputable psychologist,” regarding “[your] mental condition.”[16] If such a report concludes that you aren't likely to recommit a violation of CPC §288(a), you might be sentenced to Probation. This will allow you to serve at least   some of your remaining sentence outside jail or prison.

  1. Lewd Acts With Child Using Force And Fear (CPC §288(b)(1)); Lewd Acts As Caretaker of Dependent Person (CPC §288(b)(2))

There are other versions of Lewd Acts and penalties described in §288. If, for example, you commit Lewd Acts On A Child using force or fear, you face up to ten (10) years in state prison. You're also eligible to be fined as described above.[17] The same penalties apply if you commit lewd acts upon a dependent person while serving as his or her caretaker.[18]

  1. Lewd Acts With Injured Child (CPC §667.61(d)(7))

Lewd Acts On A Child is also punished based on whether the victim suffers injury. A child under fourteen being injured during the commission of a lewd or lascivious act can result in a sentence of life in prison[19]  and a fine of up to $10,000 (ten-thousand dollars).[20]

  1. Inflicting Harm On A Child While Committing Lewd Acts (CPC §288(i)(1)); Inflicting Great Bodily Injury While Committing Lewd Acts On A Child (CPC §12022.8)

Personally inflicting harm on a child under fourteen can also produce a life sentence under §288(i)(1) and a fine of up to $10,000 [ten-thousand dollars].[21]

Inflicting great bodily injury while committing lewd acts on a can yield a sentence of up to five (5) years for every count pressed against you in addition to the ordinary Felony sentence.[22]

  1. Lewd Acts On A Child Aged Fourteen or Fifteen [With Minimum Ten-Year Age Difference] (CPC §288(c)(1))

If the child victim is fourteen or fifteen, and you're at least ten years older, the crime is a “wobbler”[23] offense, meaning that it can be charged as a Misdemeanor or Felony, depending on the facts of your case. In that situation, a Felony conviction can result in up to three (3) years in a state prison[24] and a fine of up to $10,000 (ten-thousand dollars),[25] while a Misdemeanor can produce a one (1) year stint in the county jail[26] and a fine of up to $1,000 (one-thousand dollars).[27]

Remember: you'll have to register as a Sex Offender if you're convicted of either form of §288 (c)(1).

  1. Minor Victim Aged Sixteen or Seventeen; Habitual Sex Offender Law (CPC §667.71(b))

If the minor victim of lewd or lascivious behavior is aged sixteen or seventeen, the crime will not be prosecuted under CPC §288.

However, if you have a prior sex offense conviction on your record and are then prosecuted under §288, you can also be prosecuted under California's Habitual Sex Offender Law (CPC §667.71(b)), which can result in a life sentence.

Defenses To Lewd Acts On A Child Under CPC §288(a)

Six of the most common defenses against a charge of Lewd Acts On A Child under Section 288(a) are:

You Didn't Willfully Touch The Child

Example: A girl's youth league basketball coach, Defendant Damian, is teaching a twelve-year-old player, Victim Violet, to guard opposing players. He shows Violet how to use her arms and back to push players from the net. But Damian loses his balance, backs unwittingly into Violet, and instinctively grabs onto her bare arm to stabilize himself as he does. Violet is hurt as a result. She later tells her parents about her injury but they misunderstand what she says. Thinking instead that Damian committed a lewd act, the parents have Damian arrested and charged under CPC §288(a). Should Damian be convicted?

Conclusion: As the facts state, Damian touched Violet on the bare arm while demonstrating on-court defense. Violet was younger than fourteen at the time. However, Damian didn't willfully touch Violet at all; he lost his balance, backed accidentally into Violet, and grabbed hold of Violet on reflex to stabilize himself before falling. Since Damian didn't willfully touch Violet, this is reason enough to acquit him.[28]  

The Child Is Over The Age Of Fourteen

Example: Victim Vani, a fifteen-year-old screenwriter, is introduced to a very successful older writer, Defendant Don, who promises to help her with her career. But Don begins making unwelcome advances to Vani. He touches her bare shoulders several times while telling Vani that he'll take her work to a well-known producer if she provides him with sexually explicit pictures of herself. Vani refuses and Don stops taking her calls.[29] Vani reports Don, who is arrested for violating CPC §288(a). Should Don be convicted?

Conclusion: Don touched Vani's bare skin numerous times. We can assume that he did so for his sexual arousal or gratification, since he solicited sexually explicit pictures from Vani while touching her. The touching, we can also assume, was willful (since the facts suggest nothing to the contrary). However, the facts also make it clear that Vani is older than fourteen. Therefore, although Don might be prosecuted for another offense,[30] he should be acquitted of the charge. Don's accuser is over the age of fourteen.

The Touching Wasn't Sexually Motivated

Example: Defendant Donna is an adult elementary school “yard duty.” [She watches over the children when they're on the playground and enforces playground rules.] A nine-year-old student, Victim Vin, falls on the concrete one morning. Donna has to attend to his scraped knee. She applies alcohol wipes to Vin's skin, soothing Vin's pain, and sends him on his way. Vin later tells his parents Donna “touched” him “in a way that felt good.” Vin's parents report Donna for violating §288(a). Should she be convicted?

Conclusion: While Donna touched Vin on the knee, and while Vin was younger than fourteen, Donna touched Vin for reasons consistent with her responsibilities as a “yard duty.” Part of her job is watching over children on the playground. Vin fell and hurt himself; thus Donna had to help the boy. Although Vin's parents misunderstood what Vin said, the facts suggest nothing about either Donna or Vin being aroused by the touching. Donna should be acquitted because the touching wasn't sexually motivated.

Your Accuser Made A Mistake

Example: Defendant Dallas's younger brother, Danton, who bears a striking resemblance to Dallas, takes advantage of his position as a private computer science tutor to molest his students. When one six-year-old student, Victim Vern, tells his parents about Danton's abuse, he incorrectly identifies Dallas as the attacker.[31] Vern's parents report Dallas. He's arrested for committing Lewd Acts On A Child even though he insists that he never did anything to his students. Should Dallas be convicted of this accusation?

Conclusion: As the facts state, Dallas's brother, Danton, is Vern's actual attacker, but Danton bears such a strong resemblance to Dallas that Vern, who is very young, made a mistake in identifying Danton. This sort of error occurs in the California criminal courts from time to time. Thus, while Danton should be arrested and convicted for his crimes, Dallas should be acquitted because his accuser made a mistake.

You Were A Victim Of Illegal Police Conduct

Example: Defendant Deirdre has been accused of taking pictures that show her touching the bare buttocks of Neighbor's eight-year-old son, Victim Val. Neighbor reports the allegation to Police Officer, her friend. Police Officer, furious, goes to Deirdre's apartment without a warrant when she isn't home, kicks in the door, and searches through her photo albums until he finds the pictures. Police Officer seizes the images as evidence. Deirdre is later arrested and charged under §288(a). Should she be convicted?

Conclusion: Deidre touched Val's buttocks in a sexually explicit manner. Whether she did so for her own satisfaction or the satisfaction of Val is irrelevant; Deidre had the required intent to violate the law. Val, additionally, was only six years old at the time, and the touching, we can assume, was willful, since the facts suggest nothing to the contrary. These are elements of Lewd Acts On A Child. However, there are Fourth Amendment limitations on the power of police to search private residences without a warrant.

There must be “exigent circumstances” for police to conduct such a search. These often involve the safety of a person, or the public at large, being in question, or an extreme potential for destruction of evidence, if police are required to serve a warrant. The facts here suggest no such circumstances, however, as Val wasn't in Deidre's custody and it seems unlikely that Deidre could've simply destroyed all the evidence of her crimes if police had gotten a warrant and properly served it. Thus the evidence recovered at Deidre's shouldn't be admitted against her at trial. In the absence of the photos, there's no proof Deidre did anything. She should be acquitted because she was the victim of illegal police conduct.  

The Accusation Is False

Example: Defendant Derrick is an elementary school teacher. One of his students, eight-year-old Victim Vicki, fabricates stories and causes problems for her own amusement. Vicki also dislikes Derrick for doing things like making her take quizzes. One morning, intent on staying home from school, Vicki tells her parents that she doesn't want to go because Derrick makes her stay in class during recess and that he “won't stop touching” her.[32] Vicki's parents report Derrick to police. Derrick is arrested for violating CPC §288(a). Should he be convicted?

Conclusion: As the facts clearly state, Vicki lies for her own reasons and amusement. In this case, she fashioned a tale in order to get out of going to school. Thus there's no validity to anything Vicki said about Derrick's behavior. Derrick should be acquitted because Vicki's accusation is simply false.

Related Offenses

Note: The crimes below are described as “related” because they're frequently charged with CPC §288(a) and/or have common elements that the prosecutor must prove beyond a reasonable doubt.

The California Penal Code contains several offenses related to Lewd Acts On A Child, including: Showing Or Sending Harmful Material To Seduce A Minor (CPC §288.2(a)(1)), Contacting Minor With Intent To Commit Certain Felonies (CPC §288.3(a)), Arranging Meeting With Minor For Lewd Purpose (CPC §288.4(a)(1)), Continuous Sexual Abuse (CPC §288.5(a)), Engaging In Sexual Intercourse Or Sodomy With Child Ten Years Of Age Or Younger (CPC §288.7(a)), Oral Copulation On A Minor (CPC §§288a(a) and (b)(1)), Distributing Obscene Matter Showing Sexual Conduct By A Minor (CPC §311.1(a)), Sexual Battery (CPC §243.4(a)), Kidnapping (CPC §207(b)) and Annoying Or Molesting A Child (CPC §647.6(a)(1)).   

Showing Or Sending Harmful Material To Seduce A Minor

Showing Or Sending Harmful Material To Seduce A Minor (CPC §288.2(a)(1)) occurs whenever anyone “sends, causes to be sent, exhibits, or offers to distribute or exhibit” material featuring minors engaged in sexual conduct. The material must be “harmful,”[33] it must sent or exhibited to sexually arouse the sender or recipient, and some sort of sexual contact must be intended to violate if the Code section.

The crime is related to Lewd Acts On A Child because both Showing Or Sending Harmful Material To Seduce A Minor and Lewd Acts On A Child involve adults and minors in sex acts.

Since CPC §288.2(a)(1) can be prosecuted as either Misdemeanor or a Felony, depending on the facts of your case, Showing Or Sending Harmful Material To Seduce A Minor is a “wobbler” crime[34] in California.   

If you're convicted of the Felony form of the offense, the penalty may be:

  • A term of up to five (5) years in a state prison;[35] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both imprisonment and a fine;[36] AND,
  • The duty to register as a Sex Offender.[37]

Note: The depiction of nudity or sexual activity doesn't necessarily make material harmful. However, while the prosecution must prove that you knew the character of the material, it doesn't need to prove that you knew the material met the definition of “harmful.”[38]

More information can be found in the California Sex Offense Lawyers section of the Kann California Defense Group's website. If you have questions, contact any of the Kann Defense Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call will go directly to a lawyer –   and that's always guaranteed.

California Criminal Jury Instructions - Showing Or Sending Harmful Material To Seduce A Minor

To convict you under CPC §288.2(a)(1), the prosecution must prove the following beyond a reasonable doubt:

You exhibited, sent, distributed or offered to a minor material depicting at least one minor engaging in   sex acts.  When you acted, you knew the character of the material, and knew, should've known, or should've believed the other person was a minor. You intended to gratify the sexual desires of yourself or the other person. Finally, you intended on having sexual intercourse, sodomy, or oral sex, or to have anyone involved with the material touch an intimate body part.

Example: A Health teacher, Defendant Donna, gives a talk to elementary schoolgirls about adolescence and associated physical changes. She presents several slides during her lecture, some of which depict women's body parts in an intimate manner. One of the students, Victim Veronica, finds these slides embarrassing and tells her parents about the display. Enraged, they call police and report Donna for violating CPC §288.2(a)(1). Donna swears she was only teaching and intended nothing illegal. Should Donna be convicted of the charge?

Conclusion: While Donna did display photographic material depicting nudity, which is required in order to violate the Code section in question, and while we might assume that Donna knew the character of the material she presented, the material must be “harmful” to be illegal, and it must be presented for sexual purposes. Teachers and those engaged in legitimate instruction pertaining to sexual subjects may be excused from accusations of presenting “harmful” material to minors, as that material doesn't lack “serious literary, artistic, political, or scientific value for minors.”[39] Furthermore, the facts do not state that Donna sought a sexual response from anyone when she exhibited the slides, nor do they suggest that she sought a sex act from Veronica. Donna, if follows, should be acquitted of this charge.

Contacting Minor With Intent To Commit Certain Felonies

Contacting Minor With Intent To Commit Certain Felonies (CPC §288.3(a)) only occurs when an adult contacts a minor with the intent of violating one of the laws listed in the statute, all of which are felonies. The statute lists fifteen different offenses.[40]

You must know “or reasonably should know that the” person you've contacted is a minor in order to violate Section 288.3(a).[41] The crime is related to Lewd Acts On A Child because both Contacting Minor With Intent To Commit Certain Felonies and Lewd Acts On A Child may involve minors committing sex acts with adults.

All violations of CPC §288.3(a) are punished as attempts at the committing the named felonies. If you're convicted of an attempted violation of one of listed crimes and the statute creating the original offense doesn't create a specific Attempt[42] punishment, the penalty may be:

  • A term of up to three (3) years in a state prison;[43] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment;[44] AND,
  • The duty to register as a Sex Offender.[45]

Note: “Contacting or communicating with a minor includes direct and indirect contact or communication.”[46]

More information can be found in the California Sex Offense Lawyers section of the Kann California Defense Group's website. If you have questions, contact any of the Kann Defense Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call will go directly to a lawyer – guaranteed.

California Criminal Jury Instructions - Contacting Minor With Intent To Commit Certain Felonies   

To convict you under CPC §288.3(a), the prosecution must prove the following beyond a reasonable doubt:

You contacted, communicated with, or attempted to contact or communicate with a minor. When you did so, you intended on committing one of the enumerated offenses with that minor. Lastly, you knew or reasonably should've known that the other person was a minor.

Example: Defendant Darrell, an adult, uses a teenage online chat room to contact a person who says he's a fourteen-year-old boy, Victim Vincent. Darrell arranges to meet Vincent in person. Unbeknownst to Vincent, Darrell plans on kidnapping him at when he makes the date to meet the boy. Unbeknownst to Darrell, Vincent actually works with a Victim's Rights group that identifies online pedophiles and reports them to police. This is why Darrell finds Detective waiting for him when Darrell arrives for his meeting with Vincent. Detective has Darrell's car searched, which is how police turn up duct tape, rope and a pistol. Detective arrests Darrell for violating CPC §288.3(a) by attempting to kidnap Vincent [a violation of CPC §207] after contacting him. Darrell, who never met with Vincent, insists that he did nothing wrong. Should Darrell be convicted of the charge?

Conclusion: Darrell communicated with Vincent, a minor, over the Internet. He used a teenage chat room, and was told Vincent's age, establishing that Darrell should've known he was communicating with a minor. As the facts state, Darrell intended on kidnapping Vincent when he made the date to meet him. These are elements of CPC §288.3(a). The question is whether he committed an Attempt. This is can be resolved by noting that Darrell had the specific intent of violating CPC §207 (Kidnapping) when he contacted Vincent and that he made an ineffectual step towards doing so by bringing tape, et cetera, to a thwarted meeting. The law requires nothing more. Darrell, therefore, attempted to commit one of the felonies listed in the statute with a minor and should be convicted of violating CPC §288.3(a).

Arranging Meeting With Minor For Lewd Purpose

Arranging Meeting With Minor For Lewd Purpose (CPC §288.4(a)(1)) occurs when anyone arranges a meeting with a child for lewd purposes. The statute specifically requires exposure of “genitals or pubic or rectal area, or engaging in lewd or lascivious behavior”[47] as the purpose of the meeting.

Unlike similar offenses, you need only believe that you're arranging a meeting with a minor to violate §288.4(a)(1). The crime is related to Lewd Acts On A Child because both Arranging Meeting With Minor For Lewd Purpose and Lewd Acts On A Child may involve minors committing sex acts with adults.

If you're convicted under Arranging Meeting With Minor For Lewd Purpose, the penalty may be:

  • A term of up to one (1) year in a county jail; OR,
  • A fine of up to $5,000 (five-thousand dollars); OR,
  • Both a fine and imprisonment;[48] AND,
  • The duty to register as a Sex Offender.[49]

Note: If you arrange to meet with a minor and actually arrive at the arranged place, at or around the arranged time, you become eligible to receive a term of up to four years in a state prison.[50]

More information can be found in the California Sex Offense Lawyers section of the Kann California Defense Group's website. If you have questions, contact any of the Kann Defense Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call will go directly to a lawyer – which is always guaranteed.

California Criminal Jury Instructions - Arranging Meeting With Minor For Lewd Purpose

To convict you under CPC §288.4(a)(1), the prosecution must prove the following beyond a reasonable doubt:

You arranged to meet with a minor or someone you believed to be a minor. You did so motivated by a sexual interest. At that meeting you intended to expose your genitals or pubic or rectal area, or to have the minor expose his or her genitals or pubic or rectal area, or to do something else lewd or lascivious.

Example: Defendant Dean, an adult who is attracted to children, contacts twelve-year-old Victim Viola through a website that caters to amateur photographers and young models. Knowing her age, which he finds sexually arousing, he offers to pay Viola to appear in swimsuit pictures. Viola agrees. They set a date and establish a location. But Viola's mother finds out about the photo shoot, suspects that Dean has ulterior motives, and reports him to police. Dean is arrested for violating CPC §288.4(a)(1). He points to the fact that he never even met with Viola, much less took pictures of her. Should Dean be convicted?  

Conclusion: Dean knew that Viola was a minor when he contacted her. He arranged to meet with her in order to take pictures in which he took a prurient interest (something we know because he's attracted to Viola's age, as the facts state). That Dean didn't actually meet with Viola means only that he can't be punished under Subpart (b) of Section 288.4; it doesn't excuse him from punishment in any way. But the law specifies certain kinds of sexual conduct, or at least “lewd and lascivious behavior,” if it is to be violated. The facts state that Dean wanted to pay Viola to wear a swimsuit in photos. Dean never asked Viola to expose herself, nor did he intend on exposing himself, and Dean never asked Viola to touch herself, himself, or anyone else. Thus Dean can't be convicted of violating the statute, irrespective of the    fact that he's attracted to minors. He should be acquitted of violating CPC §288.4(a)(1).

Continuous Sexual Abuse

The crime of Continuous Sexual Abuse (CPC §288.5(a)) occurs when anyone living with, or having regular access to, a minor child under fourteen commits three or more lewd and lascivious acts [as defined in Section 288] with the minor over a period of three or more months. The crime is related to Lewd Acts On A Child because both Continuous Sexual Abuse and Lewd Acts On A Child necessarily involve minors and sexually abusive acts.

If you're convicted of Continuous Sexual Abuse, the penalty may be:

  • A term of up to sixteen (16) years in a state prison;[51] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment;[52] AND,
  • The duty to register as a Sex Offender.[53]

Note: The statute doesn't require sexual penetration for violation and “[a[ctually arousing, appealing to, or gratifying the lust, passions, or sexual desires of” the minor or yourself isn't “required for lewd or lascivious conduct.” Also, remember: that the child consented to the lewd acts is not a defense.[54]

More information can be found in the California Sex Offense Lawyers section of the Kann California Defense Group's website. If you have questions, contact any of the Kann Defense Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call will go directly to a lawyer – and that's always guaranteed.

California Criminal Jury Instructions – Continuous Sexual Abuse

To convict you under CPC 288.5(a), the prosecution must prove the following beyond a reasonable doubt:

You lived in the same home with, or had recurring access to, a minor child. You willfully engaged in three or more acts of sexual conduct or lewd or lascivious conduct with the child. Finally, three or more months passed between the first and last acts, and the child was under age fourteen at the time.

Example: A highly respected former professional athlete and trusted church deacon, Defendant Dino, is asked to babysit his next door neighbor's four-year-old daughter, Victim Valentine, while her Parents go on a trip. The arrangement seems to work so well that Valentine is left with Dino several times over the next three years. When Dino moves to another block, however, Valentine, then aged seven, feels safe to tell Parents that Dino had made her massage his genitals every time she was left with him.[55] Parents have Dino arrested and charged under CPC §288.5(a). Should Dino be convicted of this accusation?

Conclusion: Dino, living next door to Valentine, had regular access to a minor child. Valentine was, furthermore, left with Dino several times over a period that significantly exceeded three months (three years).  The conduct Valentine described also qualifies as “sexual” under the Code section. Dino, we can also assume, intended to have Valentine perform the repeated acts that would violate the law. Finally, given that Valentine was four years old when the abuse started and only seven when it ended, Dino's victim was within the class of persons to be protected by CPC §288.5(a). Dino should be convicted.

Engaging In Sexual Intercourse Or Sodomy With Child Ten Years Of Age Or Younger

Engaging In Sexual Intercourse Or Sodomy With Child Ten Years Of Age Or Younger (CPC §288.7(a)) occurs whenever a person who's at least eighteen has sex with a minor who's ten years of age or younger. The statute also makes specific mention of sodomy as a form of illegal sexual contact with minors. The crime is related to Lewd Acts On A Child because both Engaging In Sexual Intercourse Or Sodomy With Child Ten Years Of Age Or Younger and Lewd Acts On A Child involve minors and sex acts.

If you're convicted of Engaging In Sexual Intercourse Or Sodomy With Child Ten Years Of Age Or Younger, the penalty may be:

  • A term of life imprisonment in a state prison;[56] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment;[57] AND,
  • The duty to register as a Sex Offender.[58]

Note: “Under the law, a person becomes one year older as soon as the first minute of his or her birthday has begun.”[59]

More information can be found in the California Sex Offense Lawyers section of the Kann California Defense Group's website. If you have questions, contact any of the Kann Defense Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call will go directly to a lawyer – and we guarantee that.

California Criminal Jury Instructions – Engaging In Sexual Intercourse Or Sodomy With Child Ten Years Of Age Or Younger

To convict you under CPC §288.7(a), the prosecution must prove the following beyond a reasonable doubt:

You engaged in sexual intercourse or sodomy with a minor who was aged ten or younger. At the time of the act, you were at least eighteen years old.

Example: Defendant Drake, aged thirty, happens upon Young Mother and her two-year-old daughter, Victim Vale, sitting in their car one night. Drake throws open the door, takes Vale from Young Mother's arms, and prepares to rape Young Mother. But Drake changes his mind. He knocks out Young Mother and rapes Vale instead.[60] Drake is arrested for violating §288.7(a). He defends himself by pointing out that he intended on attacking an adult before attacking Vale. Should he be acquitted based on this fact?

Conclusion: Section 288.7(a) doesn't require any intent other than the desire to rape a minor who's ten years of age or younger. Therefore, while he is correct in pointing out that his intention changed as he took Vale from the car, Drake's raping of a minor younger than ten years of age is all the law requires for prosecution. Since Drake, who was older than eighteen, had sex with Vale, who was younger than ten, Drake violated CPC §288.7(a) and should be convicted.

Oral Copulation On A Minor

Oral Copulation On A Minor (CPC §§288a(a) and (b)(1)) occurs whenever a person copulates the mouth of another person with a sex organ, or with the anus, if at least one of the persons involved is a minor.

Since §§288a(a) and (b)(1) allow prosecutors to charge you with a Felony or a Misdemeanor, depending on the facts of your case, Oral Copulation On A Minor is a “wobbler”[61] offense. The crime is related to Lewd Acts On A Child because both Oral Copulation On A Minor and Lewd Acts On A Child necessarily involve minors and sex acts with adults.

If you're convicted of the Misdemeanor form of Oral Copulation On a Minor Younger than Eighteen, the penalty may be:

  • A term of up to one (1) year in a state prison;[62] OR,
  • A fine of up to $1,000 (one-thousand dollars); OR,
  • Both a fine and imprisonment;[63] AND,
  • The duty to register as a Sex Offender.[64]

Note: “Oral copulation is any contact, no matter how slight, between the mouth of one person and the sexual organ or anus of another person. Penetration is not required.”[65]

More information can be found in the California Sex Offense Lawyers section of the Kann California Defense Group's website. If you have questions, contact any of the Kann Defense Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call always goes directly to a lawyer. We guarantee it.

California Criminal Jury Instructions – Oral Copulation On A Minor

To convict you under CPC §§288a(a) and (b)(1), the prosecution must prove the following beyond a reasonable doubt:

You participated in oral copulation with the sexual organ or anus of a person younger than eighteen.

Example: Defendant Dominique, sixteen, performs oral sex on his boyfriend, Victim Vladimir, on his seventeenth birthday. When Vladimir's parents overhear him telling Best Friend about the encounter, insisting that Best Friend keep the evening a secret because, as Vladimir says, “it wasn't legal” and “there could be trouble,” the parents call police. Dominique is arrested for violating CPC §§288a(a) and (b)(1). Dominique protests that Vladimir was older than Dominique when he performed oral sex on Vladimir, and, in any case, both are minors, so Dominique can't be charged. Should he be convicted?

Conclusion:  Sections 288a(a) and (b)(1) criminalize oral sex acts whenever a minor is involved – which can include situations in which the defendant is a minor. Dominique would very likely know that his own boyfriend was a minor (under eighteen) at the time he performed oral sex on him. In fact, based   on Vladimir's statement, it is likely Dominque actually knew that what they were doing was unlawful. Therefore, since Dominique admitted that he performed oral sex  on Vladimir, and given that Vladimir was a minor at the time, Dominique should be convicted of violating §§288a(a) and (b)(1). This is true even though Dominque, also a minor, was actually younger than Vladimir.[66]

Distributing Obscene Matter Showing Sexual Conduct By A Minor

Distributing Obscene Matter Showing Sexual Conduct By A Minor (CPC §311.1(a)) involves sending, bringing, or causing obscene matter to be sent or brought into the state. An alternative form involves

possessing, preparing, publishing, producing, developing, duplicating, or printing obscene matter. The law is broken if you offer to distribute obscene matter to someone else, or if you offer to distribute, show or exchange obscene matter with someone else. You must also know the nature of material and that it shows someone under eighteen participating in, or simulating, a sex act.

CPC §311.1(a) is a “wobbler”[67] offense in this state, meaning that it can be charged as Misdemeanor or a Felony, depending on the facts.  The crime is related to Lewd Acts On A Child because obscene material involving minors will by definition involve lewd acts.

If you're convicted of the Felony form of Distributing Obscene Matter Showing Sexual Conduct By A Minor, the penalty may be:

  • A term of up to three (3) years in a state prison[68]; OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both imprisonment and a fine; [69] AND,
  • The duty to register as a Sex Offender.[70]

Note: To be obscene, material must show sexual activity and meet the requirements for obscenity. A person who possesses obscene matter for his or her own personal use is not guilty of violating CPC §311.1(a) and material isn't considered “obscene” if all the persons under eighteen in the material are legally emancipated or if it only shows lawful conduct between spouses.[71]

More information can be found in the Child Pornography section of the Kann California Defense Group's website. If you have questions, contact any of the Kann Defense Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call goes directly to a lawyer. Guaranteed.

California Criminal Jury Instructions – Distributing Obscene Matter Showing Sexual Conduct By A Minor

To convict you under CPC §311.1(a), the prosecution must prove the following beyond a reasonable doubt:

You sent, brought, or caused obscene matter to be sent or brought into the state OR you possessed, prepared, published, produced, developed, duplicated, or printed obscene matter. You offered to distribute obscene matter to someone OR you distributed, or showed, or exchanged obscene matter to, or with, someone. The illegal material was in California, you knew the sexual nature of material, and you knew the material showed a person under eighteen personally participating in, or simulating, sex acts.

Example: Defendant David is arrested and charged with multiple counts of violating CPC §311.1(a) because of the thousands of images involving children found on his personal computer. While his lawyers prepare for trial they try to make copies of the pictures so they can properly evaluate all the charges. Prosecutor, however, refuses to make the images available. He claims that copying the pictures would itself violate the law because David would then cause obscene material to be transmitted to his own lawyers.[72] David is made to go to trial under these circumstances. Should David be convicted?

Conclusion: California's courts have been clear regarding the purpose of Section 311.1(a). It is a crime for a person to make, distribute, or offer to distribute pornography to another person. The law is not offended by copies of illegal material being made for court purposes. The facts state, however, that

David's attorneys were denied the opportunity to review the images so they could prepare his defense. This means that David was denied a critical right owing to the acts of the courts for reasons that aren't supported by the law. Thus David doesn't violate §311.1(a) by having his attorneys view the material for which he's being prosecuted. David, it follows, must be acquitted under these circumstances. Convicting him after unlawfully denying him the right to challenge the State's evidence would be unconstitutional.

Sexual Battery

Sexual Battery (CPC §243.4(a)) occurs whenever anyone “touches an intimate part of another person while that person is unlawfully restrained.” The restraint can originate with you or an accomplice but it can only violate this Section “if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse.”[73]

Since the prosecution can charge you with a Felony or a Misdemeanor, depending on the facts of your case, Sexual Battery is a “wobbler”[74] offense in California. The crime is related to Lewd Acts On A Child because a sex act with a minor can involve an act constituting Sexual Battery.

If you're charged with the Felony form of Sexual Battery, the penalty may be:

  • A term of up to four (4) years in a state prison; OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment;[75] AND,
  • The duty to register as a Sex Offender.[76]

Note: “Unlawful restraint requires more than just the physical force necessary to accomplish the sexual touching.”[77]

More information on Sexual Battery can be found on the Kann California Defense Group's website. If you have questions, contact any of the Kann Defense Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call will go directly to a lawyer. That's a guarantee.

California Criminal Jury Instructions – Sexual Battery

To convict you under CPC §243.4(a), the prosecution must prove the following beyond a reasonable doubt:

You or an accomplice unlawfully restrained someone and touched an intimate part of that person's body OR made that person touch him- or herself OR touch someone else. You touched that person against his or her will and did it for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.

Example: Defendant Daniella lures a student in her college chemistry class, Victim Vanny, to her home by offering to assist Vanny with homework. But when Vanny arrives, Daniella posts her pit bull terrier at the exit door and tells Vanny that she “isn't leaving until” Daniella “gets what [she] wants.” Daniella then sexually assaults Vanny. She touches Vanny's breasts, reaches down Vanny's pants, and makes contact with Vanny's genitals.  Vanny is horrified and tells police. Daniella is later arrested for violating §243.4(a) but insists she never restrained Vanny and should be acquitted. Should she be convicted of the charge?

Conclusion: Daniella touched Vanny on intimate parts of Vanny's body. Stating that she wanted to do these things suggests strongly that the touching was for Daniella's sexual gratification. The question is whether Vanny was restrained by the presence of the pit bull terrier at the door. Restraint can be actual (using chains or other fetters) or constructive (through creation of a barrier that isn't passable using reasonable efforts). Here Daniella has created a constructive restraint on Vanny by posting a canine at the exit door – and the breed of dog is almost universally known for its strength and aggressiveness. Therefore, since Vanny would assume a very real risk by trying to pass the pit bull terrier under these circumstances, Daniella has restrained Vanny. Daniella should be convicted of violating CPC §243.4(a).

Kidnapping

Kidnapping  under CPC §207(b) occurs whenever anyone “hires, persuades, entices, decoys, or seduces by false promises, misrepresentations, or the like, any child under the age of 14 years to go out of this country, state, or county, or into another part of the same county”[78] to commit Lewd Acts On A Child.

The act that violates the law must be for the purpose of violating CPC §288 if Subpart (b) of §207 is to be charged against you. The crime is related to Lewd Acts On A Child because some types of kidnapping occur to permit the offender (or offenders) to commit lewd or lascivious acts upon the victim, allowing the prosecution to charge you with both in the same trial.

If you're convicted of Kidnapping under CPC §207(b), the penalty may be:

  • A term of up to eleven (11) years in a state prison;[79] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment;[80] AND,
  • The duty to register as a Sex Offender (if you intended on committing one of the offenses listed in CPC §290(c) during the kidnapping).[81]

Note: “The movement must have increased the risk of physical or psychological harm to the person beyond that necessarily present in the molestation. In deciding whether the movement was sufficient, [the jury must] consider all the circumstances relating to the movement.”[82]

More information can be found in the California Kidnapping Defense Lawyer section of the Kann California Defense Group's website. If you have questions, contact any of the Kann Defense Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call will go directly to a lawyer. That's our guarantee.

California Criminal Jury Instructions – Kidnapping

To convict you under CPC §207(b), the prosecution must prove the following beyond a reasonable doubt:

You persuaded, hired, enticed, decoyed, or used false promises to seduce a child younger than fourteen

to go somewhere. You intended to commit a lewd or lascivious act on the child when you did so. Lastly,  

as a result of what you did, the child moved, or was moved, a substantial distance.

Example: A divorced father, Defendant Douglas, contacts his seven-year-old son, Victim Vanya. Douglas is not allowed to visit Vanya by court order. He tells the boy that he'll take Vanya to an amusement park if Vanya doesn't tell Ex-Wife that they're taking the trip. But this ruse; Douglas secretly intends on taking Vanya to Nevada and starting a new life under an assumed name. They're near the state border, seventy miles from Vanya's home, before Ex-Wife figures out that there is a problem and alerts police. The pair is stopped inside California. Douglas is charged with Kidnapping (CPC §207(b)). Should he be convicted?

Conclusion: Douglas used a false promise to trick Vanya into traveling with him. They moved a distance that most would consider “substantial” on its face (seventy miles, or approximately one hour's distance at the legal rate of freeway speed) owing to Douglas's deception. The facts, however, suggest nothing about a lewd or lascivious motive on Douglas's part; he's a parent who tried to abduct his child so as to start a life elsewhere. Therefore, while Douglas is guilty of Kidnapping,[83] he's not guilty under §207(b).

Annoying Or Molesting A Child

The crime of Annoying Or Molesting A Child (CPC §647.6(a)(1)) involves doing something that annoys or molests a child. The offending conduct must occur somewhere other than an inhabited house or trailer and it must've been behavior which “[a] normal person, without hesitation, would have been disturbed, irritated, offended, or injured by[.]”[84] The crime is related to Lewd Acts On A Child because the charge of Annoying Or Molesting A Child can involve committing lewd acts on a minor.

Annoying Or Molesting A Child is ordinarily a Misdemeanor crime. However, if you've been convicted of Lewd Acts On A Child prior to being charged under CPC §647.6(a)(1), you will be charged with a Felony.   

Under those circumstances, the penalty for Annoying Or Molesting A Child may be:

  • A term of up to six (6) years in state prison;[85] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment;[86] AND,
  • The duty to register as a Sex Offender.[87]

Note: “It is not necessary that the child actually be irritated or disturbed. It is also not necessary that the child actually be touched.” Also, remember, “‘[a]nnoy' and ‘molest' are synonymous and generally refer to conduct designed to disturb, irritate, offend, injure, or at least tend to injure, another person.”[88]

More information can be found in the California Sex Offense Lawyers section of the Kann California Defense Group's website. If you have questions, contact any of the Kann Defense Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call always goes directly to a lawyer. We guarantee that.

California Criminal Jury Instructions – Annoying Or Molesting A Child

To convict you under CPC §647.6(a)(1), the prosecution must prove the following beyond a reasonable doubt:

You engaged in conduct directed at a child. A normal person, without hesitation, would have been disturbed, irritated, offended, or injured by your conduct, which was motivated by an unnatural or

abnormal sexual interest in the child. Finally, the child was under the age of eighteen at the time.

Example: Defendant Draco's seven-year-old child, Son, is invited to a classmate's house for a birthday party. Draco, a pedophile, chooses to attend. He intentionally sits on a couch facing several children and spreads his legs so that they can see his bare scrotum. One of the children, Victim Vigo, witnesses this and tells his parents about Draco's conduct. Draco is arrested and charged under §647.6(a)(1) but insists that he can't be convicted. Should Draco be acquitted of the charge?

Conclusion: Draco's conduct was directed at several children, including Vigo, as the facts tell us. Most people would immediately object to his conduct. Baring himself to the children, we can assume, was a product of his pedophilia; Draco's conduct was motivated by a sexual interest in children. Vigo, the complaining victim, was younger than eighteen, which we can assume because he was a classmate of Son's. These facts point to a conviction. However, the party occurred inside an inhabited house, which is actually criminalized under CPC §647.6(b), not Subpart (a)(1). Therefore, while Draco is guilty of Annoying Or Molesting A Child, Draco is correct simply because he shouldn't be convicted as charged.[89]

What Can I Do If I'm Charged With Lewd Acts On A Child?

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The State of California regards sex crimes as serious offenses. If you're charged with Lewd Acts On A Child, it's essential that you retain a skilled, dedicated criminal defense attorney as soon as possible. Your rights, freedom, and livelihood are at stake.

Remember, a professional criminal defense attorney may be able to:

  • Negotiate a lesser charge in a plea bargain;
  • Reduce your sentence;
  • Or even get charges dismissed completely.

The attorneys at the Kann California Defense Group have an excellent understanding of the local courts and an extensive knowledge of California's criminal justice system. We can represent you in Ventura, Santa Clarita, Los Angeles, Encino, Pasadena and many other Southern California cities. 

If you or someone you know has been arrested or charged with Lewd Acts On A Child, our attorneys   will analyze the facts of your case and plan a defense strategy that will help you obtain the very best possible outcome.

Contact the Kann California Defense Group today to schedule your free and confidential consultation

References

[1] “A lewd or lascivious act includes any act that constitutes a crime against the person involving sexual assault as provided in title 9 of part 1 of the Penal Code (Pen. Code, §§ 261–368). (Pen. Code, § 288(a).)” See “Related Issues,” California Criminal Jury Instructions 1110 (CALCRIM) (2017).

[2] “Actually arousing, appealing to, or gratifying the lust, passions, or sexual desires of the perpetrator or the child is not required.” See California Criminal Jury Instructions 1110 (CALCRIM) (2017).

[3] “Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.” See California Criminal Jury Instructions 1110 (CALCRIM) (2017).

[4] See Endnote 2.

[5] “It is not a defense that the child may have consented to the act.” See California Criminal Jury Instructions 1110 (CALCRIM) (2017).

[6] “Under the law, a person becomes one year older as soon as the first minute of his or her birthday has begun.” See California Criminal Jury Instructions 1110 (CALCRIM) (2017).

[7] See “Related Issues,” California Criminal Jury Instructions 1110 (CALCRIM) (2017).

[8] Dominic would likely be charged under CPC §288 (c) (1).

[9] See CPC §288 (a).

[10] See CPC §672.

[11] Additional factors include “the seriousness and gravity of the offense, the circumstances of its commission, whether the defendant derived any economic gain as a result of the crime, and the extent to which the victim suffered economic losses as a result of the crime.” See CPC §288 (e) (1).

[12] See CPC §288 (e) (1).

[13] See CPC §290 (c). [(Amended (as added by Stats. 2017, Ch. 541, Sec. 2.5) by Stats. 2018, Ch. 423, Sec. 52. (SB 1494) Effective January 1, 2019. Section operative January 1, 2021, by its own provisions.]

[14] See CPC §290 (d) (2) (A). [(Amended (as added by Stats. 2017, Ch. 541, Sec. 2.5) by Stats. 2018, Ch. 423, Sec. 52. (SB 1494) Effective January 1, 2019. Section operative January 1, 2021, by its own provisions.]

[15] See CPC §290 (d) (3) (A). [(Amended (as added by Stats. 2017, Ch. 541, Sec. 2.5) by Stats. 2018, Ch. 423, Sec. 52. (SB 1494) Effective January 1, 2019. Section operative January 1, 2021, by its own provisions.]

[16] See CPC §288.1.

[17] See CPC §288 (b) (1).

[18] See CPC §288 (b) (2).

[19] See CPC §667.61 (d) (7).

[20] See Endnote 10.

[21] See Endnote 10.

[22] See CPC §12022.8.

[23] See “Wobbler” definition at USLegal.com.

[24] See CPC §288 (c) (1).

[25] See Endnote 10.

[26] See Endnote 24.

[27] See CPC §19.

[28] Damian should also be acquitted because the touching not for sexual reasons.

[29] Fact pattern based on allegations made against singer-songwriter Ryan Adams. See “Ryan Adams Dangled Success. Women Say They Paid The Price,” by Joe Coscarelli and Melina Ryzik. The New York Times Online, February 13, 2019.

[30] Don might, for example, face charges of Annoying Or Molesting A Child (CPC §647.6 (a) (1)).

[31] Fact pattern based on accusations made in Andrew Jarecki's documentary Capturing The Friedmans (2003).

[32] Fact pattern based on William Wyler's film The Children's Hour (1961), a film adaptation of Lillian Hellman's 1934 play of the same name.

[33] See California Criminal Jury Instructions 1140 (CALCRIM) (2017).

[34] See Endnote 23.

[35] See CPC §288.2 (a) (1).

[36] See Endnote 10.

[37] See Endnote 13.

[38] See Endnote 33.

[39] See Endnote 33.

[40] Specifically, the Code Section lists CPC §§207, 209, 261, 264.1, 273a, 286, 287, 288, 288.2, 289, 311.1, 311.2, 311.4, 311.11, 288a.

[41] See CPC §288.3 (a).

[42] See CPC §21a.

[43] See CPC §18 (a).

[44] See Endnote 10.

[45] See Endnote 13.

[46] See California Criminal Jury Instructions 1124 (CALCRIM) (2017).

[47] See CPC §288.4 (a) (1).

[48] See above.

[49] See Endnote 13.

[50] See CPC §288.4 (b).

[51] See CPC §288.5 (a).

[52] See Endnote 10.

[53] See Endnote 13.

[54] See California Criminal Jury Instructions 1120 (CALCRIM) (2017).

[55] Fact pattern based on charges of Continuous Sexual Abuse made in Texas against former major league relief pitcher John Wetteland. See “John Wetteland, MVP of the 1996 World Series, arrested on child sex-abuse charges,” by Matt Bonesteel. The Washington Post Online, January 15, 2019. 

[56] See CPC §288.7 (a).

[57] See Endnote 10.

[58] See Endnote 13.

[59] See California Criminal Jury Instructions 1127 (CALCRIM) (2017).

[60] Fact pattern based on a child rape and murder committed by serial killer Donald “Pee Wee” Gaskins.

[61] See Endnote 23.

[62] See CPC §288a (b) (1).

[63] See Endnote 27.

[64] See Endnote 13.

[65] See California Criminal Jury Instructions 1082 (CALCRIM) (2017).

[66] It is, of course, likelier that Vladimir (the elder of the pair) would be charged.

[67] See Endnote 23.

[68] See Endnote 43.

[69] See CPC §311.1 (a).

[70] See Endnote 13.

[71] See California Criminal Jury Instructions 1141 (CALCRIM) (2017).

[72] See Westerfield v. Superior Court, 121 Cal.App.2d 402, 99 Cal.App.4th 994 (2002). (Defendant/Appellant Westerfield appealed refusal of prosecution and municipal court to provide counsel with images allegedly constituting child pornography, claiming this would violate law; Ct.App. held for Defendant.)

[73] See CPC §243.4(a).

[74] See Endnote 23.

[75] See Endnote 73.

[76] See Endnote 13.

[77] See California Criminal Jury Instructions 935 (CALCRIM) (2017).

[78] See CPC §207 (b).

[79] See CPC §208 (b).

[80] See Endnote 10.

[81] See Endnote 13.

[82] See California Criminal Jury Instructions 1200 (CALCRIM) (2017).

[83] Douglas would likely be charged under CPC §§207 (a) and (e) on the theory that he needed only to exercise the “force” required to dupe his young son into traveling with him, a violation of court order.

[84] See California Criminal Jury Instructions 1122 (CALCRIM) (2017).

[85] See CPC §647.6 (c) (2).

[86] See Endnote 10.

[87] See Endnote 13.

[88] See “Commentary,” California Criminal Jury Instructions 1122 (CALCRIM) (2017).

[89] We should assume that Draco would be charged under Subpart (b).

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