Information on the crime of sexual conduct with a child under the age of ten (10) years old is found at California penal code section 288.7. This article is a brief overview of the law and punishment related to PC 288.7 crimes. For further information, contact our sex crimes defense attorneys for a free consultation.

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PC 288.7 Law

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PC 288.7 is divided into two sections: PC 288.7(a), sexual intercourse or sodomy with a child under ten (10) years old, and PC 288.7(b), oral copulation or sexual penetration with a child under ten (10) years old.

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Sexual Intercourse: Sexual intercourse involves a man’s penis into the vagina, no matter how slight the penetration. Sexual penetration involves penetration into the vagina without a man’s penis, such as by object, device, or digital penetration.

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Sexual Penetration: Sexual penetration is the act of causing the penetration, however slight, of the genital or anal opening of any person or causing another person to so penetrate the defendant’s or another person’s genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object, substance, instrument, or device, or by any unknown object (PC 289(k)(1)).

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Sodomy: Sodomy is sexual conduct consisting of contact between the penis of one person and the anus of another person. Any sexual penetration, however slight, is sufficient to complete the crime of sodomy (PC 286(a)).

 

Oral Copulation: Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another person (PC 287(a)).

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PC 288.7 Prison Sentence

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PC 288.7 is classified as a felony. Any conviction for PC 288.7(a) will result in a prison sentence of twenty-five (25) years to life; any conviction for PC 288.7(b) will result in a prison sentence for fifteen (15) years to life.

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Note: 288.7 crimes are classified as “super strike” offenses. This means that the defendant is sentenced to life in prison regardless of the number of prior “strike” convictions, if any (PC 667.61).

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No Probation Sentence: A probation sentence for any conviction of PC 288.7 is not allowed. Also, neither a split sentence, nor a suspended sentence (aka joint suspended sentence) are available after a PC 288.7 conviction (PC 1170 & 1203.066 [substantial sexual contact probation prohibitions]). This means that if the defendant is convicted of penal code 288.7, he or she must serve his or her entire sentence in a California state prison.

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Sex Offender Registration: Any person convicted of either PC288.7(a)-F, or PC288.7(b)-F, must register as a sex offender for life. For further information, see Sex Offender Registration Requirements, and CA Tier System for Sex Offenders.

 

Additional Penalties

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PC 288.7 penalties, other than prison, include firearm possession prohibition, civil lawsuit from victims, restitution to victims, fines and court fees, restraining orders against contact with victim or victim’s family (criminal protective orders), and more.

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Collateral Consequences: When a defendant is convicted of sexual intercourse, sexual penetration, oral copulation, or sodomy of a child under ten (10) years old, the defendant will suffer may collateral consequences (aside from the penalties listed above).

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These collateral consequences include, but are not limited to, the following: negative military service and professional licensing consequences, immigration consequences (deportation, denial of entry into the U.S. and denial of citizenship), driving privileges lost or suspended (if allegations include the use of the defendant’s vehicle), reputation damage, and more.

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PC 288.7 Defense

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There is no one defense that works best in all PC 288.7 cases; however, some defenses lend themselves to these types of cases more so than other defenses.

 

These “typical defenses” to a PC 288.7 criminal charge, including, but are not limited to, the following: coerced confession that leads to the suppression of the defendant’s “confession;” insanity defense, insufficient evidence to prove guilt beyond a reasonable doubt, illegal search and seizure of evidence, and more.

 

Note: Consent of the child to engage in any lewd act, including sexual intercourse, sexual penetration, sodomy, or oral copulation, is not a defense in PC 288.7 cases. This is because a child under the age of eighteen (18) cannot legally consent to the sexual conduct listed in penal code 288.7.

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For more information, including information on the statute of limitations in PC 288.7 cases, see Defense Strategies in CA Sex Crimes.

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For more information on the crime of sexual conduct with a child under 10, or California penal code sections 288.7(a), or 288.7(b), contact our sex crimes criminal defense lawyers today for a free and discreet consultation. Our criminal defense team has successfully defended against hundreds of sex crimes allegations. We are award-winning trial attorneys, and our success rate is second to none. We offer services to all Inland Empire cities and criminal courts. Call today!

 

909-913-3138

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