WHAT IS LEWD AND LASCIVIOUS CONDUCT?

Posted on: May 13, 2015 by in Criminal Defense
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California Penal Code 288

Orange County criminal defense lawyerIn this state, “lewd and lascivious conduct” with a child is a serious crime, and if you are convicted, you’ll face serious penalties. Lewd and lascivious conduct is defined as touching, fondling, or groping a child with the intention or purpose of sexual gratification. If you are accused of lewd and lascivious conduct in Orange County under California Penal Code 288, take your case immediately to an experienced Orange County criminal defense lawyer.

In their zeal to protect children, prosecutors have sometimes charged innocent people with lewd and lascivious conduct. In some cases, a child is either lying or honestly mistaken. In other cases, a parent, counselor, or attorney has coached a child into making an allegation. The right defense lawyer will focus on the facts, learn and tell the court precisely what happened, and fight aggressively for justice on your behalf. To convict a defendant of lewd and lascivious conduct, the state must prove that:

  • You purposefully touched a child on the bare skin or through clothes; or that
  • You purposefully caused a child to touch his/her own body, your body, or someone else’s body, on the bare skin or through clothes; and
  • You acted with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of yourself or of the child; and
  • The child was under the age of 14 years old.

Defendants convicted of lewd and lascivious conduct can serve up to eight years in prison, and the conviction is a strike under the California Three Strikes Law. If the alleged victim was 14 or 15, and the suspect is ten or more years older than the child, a conviction could result in three-year prison term. If you are accused of lewd and lascivious conduct in Orange County, exercise your right to remain silent and contact an experienced Orange County criminal defense lawyer as quickly as possible.

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