PC 288 Lewd Acts With a Minor: Sentences, Registration, Defenses

California Penal Code 288 lewd acts with a minor are felonies that carry prison terms from three years up to life, depending on the age of the child, whether force was used, and whether the child was physically harmed. A conviction also triggers sex offender registration and, in most real-world cases, bars probation.

Prison Terms by Subdivision

Section 288 is not a single penalty. It is a set of related offenses, each with its own sentencing range built on California’s triad structure of a low, middle, and high term.

PC 288(a), a lewd or lascivious act on a child under 14: 3, 6, or 8 years in state prison.
PC 288(b)(1), the same act committed by force, violence, duress, menace, or threat of bodily injury: 5, 8, or 10 years in state prison.
PC 288(c)(1), a lewd act where the victim is 14 or 15 and the defendant is at least 10 years older: 1, 2, or 3 years in state prison, or up to one year in county jail.
PC 288(c)(2), a caretaker committing a lewd act on a dependent person: the same range as (c)(1).
PC 288(i), a 288(a) violation in which the defendant personally inflicts bodily harm on the victim: life in prison with the possibility of parole.¹

PC 288(a) and 288(b)(1) are straight felonies. A judge cannot reduce them to misdemeanors, and the sentence must include state prison time. PC 288(c)(1) is the only subdivision that wobbles between felony and misdemeanor, which is why county jail is an option there and nowhere else.

The force subdivision interprets its terms broadly. Duress does not require physical force; psychological pressure can be enough. Menace covers an implied threat strong enough to overcome a child’s resistance. The threat does not have to be aimed at the child, either. Threatening a sibling or parent to coerce the child into compliance falls within 288(b)(1).

The life sentence under 288(i) is not automatic whenever force is used. The prosecution must specifically plead and prove that the defendant personally inflicted bodily harm, meaning substantial physical injury caused by force beyond what was needed to commit the underlying lewd act.

What the Prosecution Has to Prove

For a basic PC 288(a) conviction, prosecutors must prove three elements: the defendant willfully touched any part of a child’s body, the touching was done with intent to sexually arouse or gratify the defendant or the child, and the child was under 14 at the time.¹

The touching does not have to be on bare skin. California courts have long held that contact through clothing satisfies the physical element.² The intent element is where most of the litigation happens. Prosecutors do not have to prove the defendant was actually aroused, only that the touching was motivated by sexual desire rather than an innocent purpose like bathing or medical care. Courts weigh the nature of the contact, the relationship between the parties, and any statements or behavior around the act.

When Probation Is Off the Table

Penal Code 1203.066 bars probation for PC 288 convictions across a long list of circumstances that captures most actual cases. Probation is prohibited when any of the following applies:

Force, violence, duress, menace, or threats were used.
The victim suffered bodily injury.
The defendant was a stranger to the child, or befriended the child for the purpose of committing the act.
A weapon was used.
The defendant has a prior sex offense conviction, including a prior PC 288.
The victim was kidnapped during the offense.
There were multiple victims.
The act involved substantial sexual conduct with a victim under 14.

If none of those circumstances are present and proven, a judge may grant probation under strict conditions. The list is broad enough that probation is rarely available in practice.³

How Sentences Climb Past the Triad

California’s One Strike Law under PC 667.61 can push the sentence well above the standard terms. When certain aggravating circumstances accompany a PC 288 violation, the penalty becomes 15 years to life or 25 years to life. The 25-to-life term applies when the most serious circumstances are proven, such as kidnapping the victim in a way that substantially increased the risk of harm, or personally inflicting great bodily injury. The 15-to-life term applies to a broader set of aggravating factors.⁴

Penal Code 667.6 adds another layer. When a defendant is convicted of PC 288(b) involving separate victims, or the same victim on separate occasions, the court must impose full, separate, and consecutive terms for each count. The judge has no discretion to run them concurrently. To decide whether acts against the same victim happened on separate occasions, the court asks whether the defendant had a reasonable opportunity to reflect between acts and chose to continue. Even brief pauses can qualify.⁵ For a defendant convicted on multiple counts involving force, cumulative time can run into decades.

Parole After Release

Parole for PC 288 convictions is dramatically longer than for most other felonies. A person convicted of PC 288(b)(1) where the victim was under 14 faces a parole period of 20 years and 6 months. The Board of Parole Hearings can extend this further for good cause, with annual review hearings required if parole is retained beyond the initial period.⁶ Conditions commonly include restrictions on contact with minors, limits on where the parolee can live and work, GPS monitoring, and polygraph testing, with specifics driven by the individual’s risk assessment.

Sex Offender Registration

Every PC 288 conviction requires registration under PC 290. California uses a three-tier system, and the tier depends on the subdivision of conviction and the defendant’s history.⁷

Tier 3 (lifetime registration): convictions under PC 288(b) or 288(c), and convictions under PC 288(a) when the defendant has been convicted of 288(a) in two separate proceedings.
Tier 1 (minimum 10 years) or Tier 2 (minimum 20 years): possible for a single PC 288(a) conviction without the aggravating factors above, depending on risk assessment and criminal history.

Failing to comply with registration is a separate felony where the underlying conviction was a felony, punishable by 16 months, 2 years, or 3 years in state prison.⁸

Defenses That Work, and Ones That Don’t

The most viable defense is the absence of sexual intent. If the touching was accidental or had a non-sexual purpose, the intent element is not satisfied. A parent helping a child bathe or a doctor conducting an examination may touch a child without any sexual motivation. The defense does not have to prove innocence; it has to create reasonable doubt about why the touching occurred.

False accusation claims come up in custody disputes and in cases involving suggestive interviewing of the child. These are attacks on the prosecution’s evidence rather than separate legal defenses. A defense attorney may challenge the child’s testimony, present expert witnesses on memory and suggestibility, or point to motives for fabrication.

Two defenses people often assume will work are explicitly unavailable. A mistake about the child’s age is not a defense to PC 288. Believing the child was 14 or older provides no legal shield. Consent is also irrelevant, because a child under 18 cannot legally consent to sexual contact. Even an apparently willing child does not give the defendant a defense on that basis.

Civil Lawsuits by the Victim

Criminal prosecution is not the only exposure. Victims of childhood sexual assault can also sue for monetary damages. For assaults that occurred on or after January 1, 2024, California eliminated the civil statute of limitations entirely. There is no deadline to file a claim, whether the lawsuit targets the perpetrator directly or an institution that failed to protect the child.⁹ For assaults before that date, the earlier statute still applies: generally until 22 years after the victim’s 18th birthday, or five years from the date the victim discovered the injury and its connection to the abuse, whichever is later. Damages can include therapy costs, emotional distress, lost earnings, and in egregious cases, punitive damages.

Immigration Consequences for Non-Citizens

A PC 288 conviction qualifies as both a crime involving moral turpitude and an aggravated felony under federal immigration law. Under 8 U.S.C. § 1182, a non-citizen convicted of a crime involving moral turpitude is generally inadmissible, meaning no visa, no adjustment of status, and no re-entry after traveling abroad.¹⁰ As an aggravated felony, the conviction also makes the person deportable regardless of how long they have lived in the United States or their current status, and it eliminates most forms of relief from removal, including asylum and cancellation of removal.

1
California Legislative Information. California Code PEN 288 – Crimes Against the Person Involving Sexual Assault
2
Justia Law. People v Martinez
3
California Legislative Information. California Code PEN 1203.066
4
California Legislative Information. California Code PEN 667.61 – One Strike Law
5
California Legislative Information. California Code Penal Code PEN 667.6
6
California Legislative Information. California Code Penal Code PEN 3000
7
California Legislative Information. California Code PEN 290 – Sex Offender Registration Act
8
California Legislative Information. California Code Penal Code PEN 290.018
9
California Legislative Information. California Code CCP 340.1
10
Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens