Meeting with a Minor for the Purposes of Sex Crimes, Penal Code 288.3 and Penal Code 288.4

California law is strict for defendants facing sex crime charges, especially those involving minors. Minors cannot consent to sexual acts for this reason. You can be arrested and charged under PC 288.3 for contacting a child for sexual purposes or under PC 288.4 for arranging to meet a minor for lewd purposes.

Before you face a conviction under these statutes, the prosecution must prove that you contacted a minor or planned to meet with them. Furthermore, your intention to engage in a lewd act or commit a felony, such as rape, sodomy, or oral copulation by force, must be clear.

Meeting with a minor for sex crimes is a crime that attracts severe legal penalties after a conviction. For example, spending time behind bars and mandatory sex offender registration. If you or a loved one faces charges under PC 288.4 or 288.3, hire and retain a reliable sex crimes defense attorney.

Understanding California Penal Code 288.3

California PC 288.3 makes it a crime to communicate with a minor, intending to commit a felony with them. Under this statute, the illegal communication with the underage individual is considered an attempt to commit the underlying felony offenses.

The prosecutor must establish the following elements of the crime to secure a conviction against you:

You Communicated with a Minor

You are charged if you make the following forms of contact or communication with a person under eighteen years old:

• In-person contact
• Personal advertisements in magazines and newspapers
• Email-based contact
• Phone communications
• Radio or wired communication

You Knew or Should have known that the Person you Contacted was a Minor

You are held liable under PC 288.3 if the prosecution proves your knowledge that the person was a minor. A minor is anyone under eighteen years old.

You Contacted the Child With the Intent to Commit an Offense listed under PC 288.3

The prosecution must also prove that you intended to commit the following offenses against the child:

• Statutory Rape

You commit a crime of statutory rape when you engage in sexual intercourse with a child under eighteen years old. Statutory crime is charged under PC 261.5, and a conviction for the offense attracts severe penalties.

• Sodomy

Under CPC 286, sodomy is the contact between the penis of one person and the anus of another. Wjoel sodomy is legal in California; you can face an arrest and charge under this statute if you engage in this act with a child under eighteen years or a person who is unable to consent or forced into the act.

The elements that the prosecution uses to establish a crime of sodomy include:

• You engaged in anal sex.
• You accomplished the act on a child.
• You engaged in the act with a person who is physically or mentally incapable of consenting to the act.
• You used force, violence, or threats against the alleged victim.

• Lewd Acts with a Child under Fourteen Years

California PC 288(a) makes it a crime to engage in lewd conduct with a child under fourteen years old. An indecent act is any form of touching aimed at sexual arousal or gratification. You can be charged with meeting a minor to commit a lewd act if you intend to touch the child for sexual arousal at your meeting.

• Oral Copulation

Under California PC 287, it is unlawful to engage in oral sex with a person under eighteen years old. This is because individuals under this age cannot legally consent to a sexual act. You can also be charged with this offense when you use force, fear, or threats to force another person into the act.

• Child Pornography

Penal Code 311 makes child pornography illegal. You can be arrested and charged under this statute for a wide range of conduct, including creating, producing, distributing, or possessing pornographic materials that depict children under eighteen years old.

• Kidnapping

Under California PC 207, kidnapping involves taking or moving another person a distance away without their consent. When kidnapping involves a minor, the prosecutors will charge you with aggravated kidnapping, which is a serious felony. The prosecution must prove these elements to secure a conviction for kidnapping against you:

• You took or held someone through force or fear
• You moved the person a substantial distance
• The alleged victim did not consent to your actions

• Transmission of Harmful Materials to a Minor

California PC 288.2 makes it a crime to distribute harmful materials of a sexual nature to minors. You will be found guilty under this statute if the prosecution can prove that:

• You knowingly distributed, sent, or depicted harmful sexual materials to a minor
• You knew or should have known that the recipient of this material was under eighteen years
• You acted with an intent to arouse sexual desire in the child or yourself

Penalties for Violating PC 288.3

The penalties you will face for contacting a child to commit a felony will be similar to those of the underlying felonies. For example, if you are convicted of contacting a child under the age of the age of fourteen with the intent to engage in a lewd act with them, you will face the following penalties:

• A prison sentence of three, six, or eight years
• Fines that do not exceed $10,000
• Felony probation

An Overview of California Penal Code 288.4

Under California PC 288.4, it is a crime to arrange a meeting with a minor to engage in a sexual act at that meeting. You will be convicted under this statute if the prosecution can prove that:

You Arranged to Meet a Minor or an Individual you thought was a Minor

Under California law, a minor is someone under eighteen years old minors cannot legally consent to sexual acts. For this reason, any sexual acts involving minors attract criminal charges.

You could also be charged with this offense when you arrange to meet with someone you believe is a minor. Note that PC 288.4 is often enforced through sting operations by police officers posing as minors online.

You were Motivated by an Abnormal Sexual Interest in Children

For you to be found guilty of violating PC 288.4, the prosecution must prove that you arranged the meeting with the child because you have a sexual interest in minors or individuals you believe are minors. The evidence to support this element could come from your previous relationship with the child and the nature of your conversations. However, if you arranged a meeting for other non-sexual purposes, you would not be found guilty of the crime.

You Intended to Engage in Lewd Conduct with the Child

The prosecution must prove your intent to engage in the following acts upon meeting with the minor:

• Expose your genitals in the child's presence.
• Cause the child to expose their genitals in your presence.
• Touch the child or cause them to touch you for sexual arousal or gratification.
• Engage in different sexual acts with the child.

You Met the Child

California PC 288.4 punishes the act of arranging to meet a minor for lewd purposes and pushing through with the plan and meeting the child. Meeting with a minor for lewd purposes attracts more severe penalties.

You will face enhanced penalties if the prosecution can establish that you went to an arranged meeting place. You can be punished under this statute even if the child did not attend the meeting and you did not engage in a sexual act with them.

Legal Penalties Under PC 288.4

Arranging to meet a minor for lewd purposes is a wobbler. The offense can be charged as a felony or a misdemeanor, depending on the circumstances of your case. As a misdemeanor, the offense is punishable by:

• Misdemeanor probation
• Fines not exceeding $5000
• A jail sentence of up to one year

You will face felony charges for arranging meetings with a minor if you have a prior conviction for an offense that requires sex offender registration. Another factor that could cause the prosecution to file felony charges is when you attend the planned meeting with the child.

As a felony, a violation of PC 288.4 is punishable by:

• A prison sentence of sixteen months, two or three years
• Felony probation, which lasts between three and five years
• Fines of up to $10,000

Sex Offender Registration for Violating PC 288.4 and 288.4

The consequences of a conviction for meeting a minor for sexual purposes or contacting the child with the intent to commit a sex crime do not end with incarceration and fines. After a conviction, the court mandates that you register as a sex offender.

Registering as a sex offender in California requires you to visit your local police department and submit the following information:

• Your name
• Your home address
• Your employment information, if you hold a job
• Your vehicle registration information
• Your identification number
• Your photograph
• Your fingerprints

As a registered sex offender, you must renew your status each year. If you move to a new location, you must present your information to the nearest police department or sheriff's office.

The sex offender registry is a public record in California. This means that all individuals doing a background check on you can find your name on the registry.

In addition to the public listing, being a registered sex offender can restrict where you work or live. This is because laws prohibit you from being in different areas, including the beach, parks, schools, and recreational facilities. Your name will remain in the sex offenders registry for up to ten years if you're convicted of meeting or contacting a child for a sex crime.

Legal Defense Against PC 288.4 and 288.3 Charges

California law is strict sex crimes against minors. Therefore, your conviction will impact your freedom and your life. PC 288.3 or 288.4 violation charges should not be taken lightly. If you face charges, you must aggressively fight them and avoid a conviction. Your defense attorney can present the following defenses to your case:

You Did Not Have a Sexual Interest in the Child

The prosecutor must prove that your actions were motivated by a sexual interest in the minor before you face conviction under PC 288.4. You can avoid a conviction by arguing that you did not have a sexual interest in the child and offering alternative explanations for your contact with the alleged victim.

Lack of Intent to Commit an Underlying Offense

The prosecution must prove that you contacted a minor with the intent to commit a sex crime. The crimes addressed under this statute include rape, sodomy, object sexual penetration, and forced oral copulation, among others.

Since proving a specific intent can be challenging for the prosecution, you can avoid a conviction by arguing that you did not intend to commit a crime against the child.

Lack of Knowledge that the Person with Whom you Communicated was a Minor

You cannot be convicted of this offense unless you knew or should have known that the alleged victim was a child. Sometimes, teenagers lie about their age and produce fake identification, which could cause you to believe they are adults. Furthermore, if you meet the alleged victim in a scene where you do not expect to find a child, you can argue your lack of knowledge of their actual age.

You are a Victim of Police Entrapment

Under California law, entrapment occurs when police officers behave overbearingly and cause you to engage in behavior that you would not have engaged in without their insight. Entrapment is a valid defense for many offenses, including meeting or arranging meetings with a minor for a sex crime.

Police officers often set up sting operations by posing as minors online to catch individuals with sexual interests in children. In such instances, the undercover officers can use excessive flattery, pressure, or fraud to push you into communicating with the minor.

If you communicated with a minor or arranged a meeting as a result of aggressive persuasion by undercover officers, you can use entrapment as a defense to your case.

Expunging Convictions Under PC 288.3 and 288.4

A conviction remains on your record and is accessible to individuals who perform a background check. Therefore, potential employers can use the conviction to deny you a job or cause you to lose your professional license.

You can avoid the disabilities of your conviction by exploring different forms of post-conviction relief, including expunging the conviction under California PC 1203.4.

An expungement is a legal proceeding in which the court allows you to withdraw a guilty or no-contest verdict from your case and exchange it with a not-guilty verdict before dismissing it

You will be eligible for an expungement if you meet the following criteria:

• You have completed your probation. After a conviction, the court may sentence you to probation as an alternative to incarceration. A probation sentence allows you to serve part of your prison sentence doing community service instead of behind bars. Before petitioning the court to expunge your record, you must have completed the full probation term and followed all the probation conditions.
• No charges are pending against you for any additional offenses. If you file a petition to expunge your conviction for PC 288.3 or 288.4, you should be charged with a different violation.
• You have no pending punishment for a subsequent offense. If you face an arrest and charges for a different offense, you must serve your sentence and finish your probation before requesting an expungement.

You can submit a petition to the court if you are eligible to have your record expunged. Before the conviction is expunged, the judge will review your case and decide whether you have been rehabilitated.

Your conviction for meeting a minor for sex crimes will remain on record even after an expungement. However, if someone inquires about your conviction, you can truthfully answer no. Additionally, the conviction cannot be used against you by potential employers.

Find a Reliable Criminal Defense Attorney Near Me

You will be arrested and charged under PC 288.3 or 288.4 if you arrange a meeting or contact a minor to engage in lewd conduct with them or commit a sex crime. You could face a conviction for this offense even if you did not attend the meeting as long as the prosecution can prove that you communicated with the child and intended to commit a sex crime when doing so.

The stakes are high for defendants facing charges of meeting with a minor for sex crimes. This is because offenses under PC 288.3 and 288.4 are felonies that attract severe penalties, including incarceration, fines, and probation. Fortunately, not all arrests for meeting a minor for the purpose of a sex crime will attract a conviction.

With the guidance of a knowledgeable lawyer, you can build a solid defense and fight the charges to avoid the consequences of a conviction. At Los Angeles Criminal Attorney, we will offer you the legal insight to battle the charges and secure a favorable case outcome. Call us at 424-333-0943 to discuss your case.