Any crime where a minor is involved could result in a harsh sentence upon conviction, particularly if the offense is sex-related. Contacting a minor to commit a felony is a grave offense punishable under Penal Code (PC) 288.3. Most offenses that could attract charges under this law include sex-related crimes.
Retaining the services of an attorney is the best way to protect your interests and increase your odds of securing a favorable outcome if you are under arrest or charged with any crime involving a minor. Read on to understand the PC 288.3 charge and what to expect during the prosecution process.
An Overview of a PC 288.3 Charge
According to PC 288.3, It is a criminal offense to communicate or contact a minor (someone under the age of eighteen years) with the criminal intent to commit a sex offense or any other grave felony offense.
Even if you never did anything illegal with the minor, the prosecutor could obtain a PC 288.3 violation conviction against you if he/she can prove that you intended to commit a felony offense. Below are examples of scenarios that could attract charges under this statute:
- A lady who works for an organized criminal gang that produces child pornography sends messages to vulnerable teenagers to lure them to play a cast or model role in pornography videos. This lady could be guilty of a PC 288.3 violation in this situation.
- A 35-year-old pedophile develops sexual interests in a 12-year-old schoolgirl who lives in his/her neighborhood. Then, the man strikes up a conversation with her when she is alone in front of her home yard, and he goes ahead and contacts the minor on social media a few times to chat. In their social media chats, the man asks the minor to visit him to perform sexual acts. The man could be guilty of a PC 288.3 violation in this case.
In most cases, law enforcement officers use sting operations where undercover police pose as children on the internet to identify and catch sexual predators who target vulnerable children. Regardless of how your arrest occurred, a PC 288.3 charge is an offense you cannot risk handling without the legal assistance of a reliable defense attorney.
An experienced and aggressive defense attorney can investigate your charge, inform you of your legal rights, and fight to secure the best possible outcome at every stage of the criminal court process.
Arraignment and Bail Hearing After an Arrest as a Suspect in a PC 288.3 Case
After an arrest and the booking process, where the police will record your legal name and the charges you are up against and take your fingerprints and mugshots, you should prepare for an arraignment hearing. The arraignment hearing will be your initial court appearance after an arrest as a suspect in a PC 288.3 case.
While you can represent yourself during this hearing, working with a defense attorney is crucial for the best possible outcome. During the arraignment hearing, the judge presiding over your case will do the following:
- Inform you of the allegations you are up against
- Inform of your constitutional rights
- Inform of your right to have a public defender offer you legal representation on the case if you cannot afford a personal attorney
- Inform of the available plea choices, including not guilty, no contest, and guilty plea
- Determine your eligibility for bail
Although most felony sexual crimes could make you ineligible for bail, with the help of your attorney, you could qualify for this pretrial release option to move on with your life before your charge’s outcome. In a nutshell, the judge will consider the following factors when determining whether you are eligible for a release from court on bail:
- Your history of showing up in court after posting bail
- The facts and severity of your charges
- Your criminal record
- Your family ties
- Whether you are a flight risk
- Your community ties
- Your conduct or behavior in court
Bail is the amount you pay to the court to show your willingness to make future court appearances necessary to challenge the criminal allegations you are against. If your bail is too high or you cannot afford it, a bail bondsman can help you post it at an affordable fee (typically ten percent of your full bail price).
What it Means to Contact a Minor to Commit a Felony in the Eyes of the Court
When your offense reaches the trial stage of the prosecution process, the prosecutor must satisfactorily prove certain facts (elements of the crime) before the jury or judge to secure a PC 288.3 violation conviction against you. These facts include the following:
- You indirectly or directly communicated with or contacted (or attempted) a minor
- You had the criminal intent to commit a sex offense or any other felony listed under PC 288.3 with the minor
- You were aware or should have known that person was a minor
In other words, to be guilty of a PC 288 violation, the prosecutor must prove beyond a reasonable doubt that you were aware the person you contacted or communicated with was a minor. Here is the legal definition of critical terms that stand out in the above elements of the crime under PC 288.3.
Communicating With or Contacting a Minor
Generally speaking, the following encounters could meet the definition of communicating with or contacting a minor under PC 288.3:
- Mail communication
- In-person contact
- Using a cell phone for communication
- Email or online-based communication
Whether the communication was indirect or direct, you could be guilty of a PC 288.3 violation if the prosecutor can prove other elements of the crime.
A Minor
For the sake of PC 288.3, a minor is any person under eighteen (18) years old. It is illegal under this statute to contact, communicate, or even attempt to touch a minor.
You Were Aware the Child Was a Minor
The court cannot convict you of a PC 288 violation if the prosecutor cannot prove that you were aware that the child you contacted or communicated with was a minor. For example, if the minor explicitly discloses that he/she is over eighteen and you have no reason to believe otherwise, you cannot be guilty under PC 288.3.
Underlying Felony Crimes That Could Attract Criminal Charges Under PC 288.3
You are only guilty of a PC 288.3 violation if the prosecution team can provide sufficient and clear evidence to prove that you had the criminal intent to commit any felony listed under this statute. Some of these offenses include (but are not limited to) the following:
Rape
You commit the offense of rape under PC 261 when you engage in nonconsensual sexual intercourse with another person. That means you accomplished the act using violence, threat, fraud, force, or coercion, or the victim was incapable of consent.
Sodomy
According to PC 286, you commit the offense of sodomy when you engage in non consensual anal sex with another person. While sodomy is legal, you could be guilty under this statute if the victim is a minor.
Depending on the unique facts of your case, the prosecutor could file a PC 286 charge as a felony carrying more than a decade of jail time or a misdemeanor carrying up to one (1) year of jail time.
Child Endangerment
PC 273a(a) makes it illegal to place a child in a situation that threatens his/her safety and health. Even if the child did not experience any physical harm, you could be guilty under this statute if the prosecutor can prove that you did put the child in a situation that threatened his/her safety and health.
Kidnapping
The offense of kidnapping involves moving or transferring a person from one place to another without his/her consent, using fear or force. You could be guilty of a kidnapping offense under PC 207 if:
- You kidnapped the person with the criminal intent of committing a sex offense
- The victim was under fourteen years of age
- You used false misrepresentations or promises to persuade the victim to accompany you
Lewd Acts With a Minor
According to PC 288, you commit the offense of lewd or lascivious acts with a child when you willingly touch any part of his/her body with the intent of achieving sexual gratification or arousal. Since it is a felony, a PC 288 violation could attract a jail term of up to eight years. It is worth noting that this statute only applies to children under fourteen.
Oral Copulation
PC 287 makes it unlawful to engage in the following:
- Non Consensual oral sexual intercourse with another person
- Consensual oral sex with a minor
In other words, you commit the offense of oral copulation when you make any contact between the vagina, buttocks, or penis of another person. Depending on the facts of your unique case, the judge could sentence you to up to fourteen (14) years of jail time if you are guilty of a PC 287 violation.
Possible Penalties You Could Face Upon a PC 288.3 Violation Conviction
A conviction under PC 288.3 will attract felony penalties. The seriousness of the penalties you could face will depend on the seriousness of the underlying charge. Generally speaking, a PC 288.3 violation conviction will carry the following possible sentence:
- A fine of not more than $10,000
- Formal or felony probation
- Detention in the state prison
If you have a history of a PC 288.3 violation, you could receive an additional and consecutive five (5) years of jail time upon a subsequent offense conviction under this statute.
In addition to these standard penalties, a PC 288.3 violation conviction could make it challenging to do the following
- Qualify for employment
- Qualify for school admission
- Obtain a professional license
- Lifetime requirement to register and reregister as a sex offender
How Your Defense Attorney Can Help Challenge PC 288.3 Charges
Once you contact a private attorney, he/she can work to have your charges dropped or reduced to a lighter offense with less harsh penalties. Below are the applicable defenses your attorney could use to challenge the allegations you are up against under PC 288.3:
- You did not have the criminal intent of committing the underlying criminal offense
- You were unaware the person you contacted or communicated with was a minor
- The victim behaved unusually maturely
- The prosecutor's evidence against you is insufficient
- You are a victim of police misconduct
- You are a victim of mistaken identity
The specific defense your attorney will apply to help you secure a favorable outcome will depend on the facts of your unique case. A reliable and seasoned defense attorney will know the ideal legal defenses to use in your unique case to secure a reduced charge or dismissal of the entire case.
Offenses Related to a PC 288.3 Charge
In most cases, if the prosecutor's evidence is insufficient to convince the judge or jury to convict you for a PC 288.3 violation, he/she could file any of the following related offenses against you:
- Arranging a meeting with a minor for lascivious acts offense under PC 288.4
- Statutory rape offense under PC 261.5
- Indecent exposure offense under PC 314
- Sexual battery offense under PC 243.4
- Lewd act in public offense under PC 647(a)
Depending on the facts of your case, the prosecutor could charge you with any of these offenses instead of or in addition to the PC 288.3 charge.
Find a Long Beach Criminal Defense Attorney Near Me
Since children are some of the most vulnerable populations in the community, any charge where a minor is involved could attract life-altering consequences upon conviction. If you are under investigation or charged with a PC 288.3 violation, you should immediately speak with a skilled defense attorney.
We at Long Beach Criminal Attorney have a record of success defending several clients against sex crime allegations and other felonies. We will do our best and work tirelessly to investigate the details of your unique case to determine the best way to handle it for the best possible outcome. We invite you to call us at 562-308-7807 to discuss your unique case with our reliable defense attorneys.