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In order to charge you with continuous sexual abuse of a child the prosecution must also show that you lived in the same home or had recurring access to the minor and that the minor was under the age of 14. 4, § 9) as explicitly negativing and contradicting the subject expressed in the title; it not being misleading or calculated to deceive; nor did it involve special legislation, within the meaning and contemplation of Const.
If you have been charged with committing a lewd or lascivious act upon a minor you may be able to . This section prohibiting any lewd or lascivious act upon or with a child under 14, etc., entitled, as enacted by Stats.1901, p.
(1) Validity of PC 288 (2) Due Process and the Validity of PC 288 (3) Equal Protection and the Validity of PC 288 (4) Ex Post Facto Laws and Retroactive Application of PC 288 (5) Construction and Application of PC 288 (6) Construction of PC 288 and Federal Law (7) PC 288’s Construction with Other Laws (i.e.
possible enhancements) (8) Legislative Intent of PC 288 (9) Child Abuse Reports and PC 288 (10) Aliens and Immigrants and PC 288 Punishment (11) Amending or Changing Charges During PC 288 Trial (12) Challenging Effective Assistance of Legal Counsel in PC 288 Cases (13) General Elements of PC 288 Offense (14) Definition of “any person” under PC 288 (15) “Lewd and Lascivious” under PC 288 (16) The “intent” Requirement under PC 288 (17) Using Evidence of Prior Sex Offenses to Show Intent under PC 288 (18) Age of the Defendant as a Factor for Showing Intent under PC 288 (19) The Need for Sufficient Evidence to Show Intent for PC 288 Conviction (20) What type of touching constitutes “substantial sexual conduct” under PC 288?
Below is a list of topics related to PC 288 that the courts of appeals have issued rulings on.
You will want to make certain that your criminal defense lawyer is familiar with these court rulings. This section was not unconstitutionally vague, notwithstanding use therein of words “lewdly”, “lewd” and “lascivious”.
If you are convicted of a violation of California Penal Code 288(b) the court must sentence you to prison as you are not eligible for probation. That this section, formerly relating to offenses not constituting other crimes provided for in part 2 of this Code (amended in 1933 to read part 1), plainly meaning part 1, was not such an uncertainty as to render it invalid.
If the minor was 14 or 15 at the time of the offense, and you were ten years older than the minor, you can be charged with either a misdemeanor or felony.
If you are facing charges for lewd or lascivious acts with a minor, the attorneys at If you are convicted of using force, violence, duress, or fear to commit the lewd or lascivious act you can be sentenced pursuant to California Penal Code section 288(b).
If you are found to have used force, violence, duress or fear to commit the act you face a harsher sentence than you would if you had not committed the act with such tactics. 4, § 16) applying as it does to all children under 14 years of age and to all of a class; nor was it rendered incurably uncertain, vague, and unintelligible, in that it could not be ascertained, what lewd and lascivious acts were prohibited, because the section, by clerical error or otherwise, referred to Part 2 (amended in 1933 to read part 1), relating solely to criminal procedure, instead of Part 1.
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