California Child Molestation Defense Attorney

If you have been accused or arrested for child molestation, it is essential that you contact an experienced sex crimes attorney immediately. Being accused of a sex crime involving children can have devastating consequences, even if you are certain of your innocence. Most sexual molestation crimes involving children are felonies, and a conviction can result in prison time and registration as a sex offender for life.

Unfortunately, in many cases there is only one, the alleged victim, and no additional evidence to support the allegations.   Therefore, the case may simply amount to one person’s word against another’s word—often an adult’s word again child’s word. Children can lie about being molested without understanding the nature and impact of their statements, and can also be easily influenced by adults. It is therefore critical that you entrust your defense to an experienced sex crimes attorney.

California Child Molestation Law

In California, child molestation cases are usually charged under one of the following Penal Code sections:

• Section 288(a): states that any person who commits a lewd or lascivious act on a child under the age of 14 is guilty of a felony and may be sentenced up to 8 years in prison; the statute also states that engaging in a lewd act with a minor, who is 14 or 15, and who is at least ten years younger than the defendant, may be charged as either a felony or a misdemeanor (also called “child molestation”)
• Section 288.5(a): states that any person who engages in three or more acts of lewd or lascivious conduct, which involve substantial sexual conduct, with a child under the age of 14 over a period of three months or longer may be sentenced up to 16 years in prison (also called “continuous sexual abuse of a child”)
• Section 243.4 is a sexual battery charge and is similar to a Section 288 except there is no age requirement, and often the inappropriate touching alleged will be considered more minor. This may be charged as either a felony or a misdemeanor.  This statute is used if the minor was 14 or 15 and less than ten years younger than the defendant, or was 16 or 17 years of age
• Section 647.6: state that any person who annoys or molests a child (someone under 18) who is motivated by an unusual or abnormal sexual interest in the child may be punished for up to 1 year in the county jail (also called “misdemeanor child molestation”)

In order to be convicted under one of these statutes, the prosecutor must show:

• that you willfully touched any part of a child’s body or that you willfully caused a child to touch his or her body, your body, or another person’s body; and
• that your specific intent was to arouse or gratify your sexual desires or that of the child; or
• that you annoyed and/or molested a child; and
• you were specifically motivated by an unnatural or abnormal sexual interest in the child

Penalties for Child Molestation in California

The penalties for child molestation can vary, depending upon the age of the victim, your criminal history, and the facts of the case (i.e. if violence was involved, if you have a history of sexual offenses etc.). The main differences between a misdemeanor and felony sentence for child molestation are the length of the jail or prison sentence, the amount of the fine and the length of the probation or parole period.

• a single misdemeanor child molestation conviction will subject you to a maximum of one year county jail sentence and up to a $5,000 fine
• a single felony child molestation conviction will subject you to up to eight years in the state prison (up to 16 years in state prison for continuous abuse under Section 288.5) and up to a $10,000 fine

In addition, any child molestation violation can include these additional penalties:

• registration as a sex offender (deliberately failing to register as a sex offender may be a separate felony charge)
• possible additional state prison sentence if the child suffered substantial physical injury
• payment for any medical or psychological treatment the child required as a result of the molestation

Defenses to a California Child Molestation Charge

Challenging the credibility of the accuser, or the accuser’s parents/guardians, is usually the first defense to a child molestation charge. Many times a thorough investigation will show that the accuser has some reason to want to hurt, or to damage the reputation of, the accused. The accuser may also have a history of not telling the truth. Other defenses might include:

• the touching of the child was accidental and not willful
• there was a lack of specific intent to arouse or satisfy sexual desire or lack of unnatural or abnormal sexual interest in the child
• the minor was older than 15 years of age and less than 10 years younger

California Child Molestation Defense Attorney

Child molestation charges can result in tragic and permanent social stigmas and consequences as well as serious penalties if you are convicted. If you are charged with this type of crime, the public is often predisposed to assume that you are guilty. The Law Offices of Karen L. Goldstein understands the difficulties you will face and we will aggressively fight to protect you rights and establish your innocence.  Contact us today for a free, confidential consultation: (888) 445-6313.