California Penal Code 288 PC makes it a crime to commit a lewd or lascivious act on a child under 14 with the intent of sexual arousal or gratification. Often called child molestation, the offense is a felony punishable by 3, 6, or 8 years in state prison, a fine of up to $10,000, and mandatory sex offender registration under Penal Code 290. Harsher terms apply when force, fear, or duress is involved.

If you or someone you love is under investigation or has been charged under PC 288 anywhere in California, contact the criminal defense attorneys at The Bulldog Law for a free, confidential consultation.

What Is Penal Code 288 PC?

Penal Code 288 is California's core statute covering sexual touching of children. The law applies to any touching of a child's body over or under the clothing when it is done to arouse or gratify the sexual desires of either the adult or the child. The touching does not have to involve an intimate body part, and actual arousal is not required. What matters is the intent behind the act.

The statute contains several distinct subsections, each with different penalties:

The Bulldog Law's sex crimes defense page covers the full range of California sex offense charges, and the firm's dedicated sex crimes against minors defense page addresses the specific statutes and procedures that apply when a minor is involved.

What Must the Prosecutor Prove?

Under California's jury instruction CALCRIM No. 1110, a conviction under PC 288(a) requires the prosecution to prove three elements beyond a reasonable doubt:

1. Willful touching,  The defendant intentionally touched any part of the child's body (bare skin or through clothing), or caused the child to touch themselves, the defendant, or another person.

2. Sexual intent,  The act was committed with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of the defendant or the child.

3. Age,  The child was under 14 at the time of the act.

Because intent is a mental state, prosecutors typically rely on circumstantial evidence: the nature and location of the touching, the relationship between the parties, the surrounding circumstances, and whether an innocent explanation exists. Accidental contact is not a crime under PC 288, and neither is touching done for a legitimate, non-sexual purpose (for example, a caregiving or medical reason).

Every separate act of touching can be charged as its own count. Two distinct touches during a single incident can therefore result in two separate PC 288 charges, each carrying its own prison term.

What Counts as "Force, Duress, Menace, or Fear" Under PC 288(b)(1)?

Charges are elevated to PC 288(b)(1) with steeper sentencing when the act is accomplished through:

Force,  Physical force substantially different from, or greater than, the touching itself.

Violence,  The use of physical aggression against the child.

Duress,  A direct or implied threat of force, danger, hardship, or retribution that would cause a reasonable person to submit. Courts consider the totality of the circumstances, including the child's age, size difference, and the relationship between the parties.

Menace,  A threat, statement, or act showing an intent to injure someone.

Fear,  The child was actually and reasonably afraid, or was unreasonably afraid and the defendant knowingly took advantage of that fear.

A child's consent is never a defense. Under California law, a minor cannot legally consent to a lewd act.

Penalties for Violating Penal Code 288 (2026)

Additional sentencing laws can apply on top of the base penalty:

One Strike Law (PC 667.61): Aggravating circumstances such as kidnapping, tying or binding the victim, or bodily harm can trigger sentences of 15 years to life or 25 years to life.

Habitual Sexual Offender Law (PC 667.71): A person with a prior qualifying sex-crime conviction faces 25 years to life.

Three Strikes Law (PC 667): Lewd acts under PC 288(a) and (b) are both serious felonies (PC 1192.7) and violent felonies (PC 667.5), so a conviction counts as a strike. A second strike doubles the sentence; a third qualifying strike carries 25 years to life.

Great bodily injury enhancement (PC 12022.8): Adds 5 years where great bodily injury was inflicted during specified sex offenses.

Will I Have to Register as a Sex Offender?

Yes. Every PC 288 conviction requires registration under Penal Code 290, California's Sex Offender Registration Act. California uses a three-tier system, most recently updated by Senate Bill 680 (2025), effective January 1, 2026:

Tier 1 (minimum 10 years): Generally applies to PC 288(c)(1) convictions, because that subsection is not classified as a serious or violent felony.

Tier 2 (minimum 20 years): A first conviction under PC 288(a), which qualifies as both a serious felony (PC 1192.7) and a violent felony (PC 667.5).

Tier 3 (lifetime): Any conviction under PC 288(b); a second or subsequent PC 288(a) conviction tried in a separate proceeding; a One Strike sentence under PC 667.61; habitual offender status under PC 667.71; or a "well above average" risk score on the state SARATSO assessment.

Tier placement is determined by the California Department of Justice based on the statute of conviction,  the sentencing judge cannot choose the tier. Tier 2 registrants may petition for removal under PC 290.5 after the minimum period, but removal is not automatic. In many cases, the most realistic way to avoid registration entirely is a negotiated plea to a non-registrable offense before conviction. For more on how and when sex offender registration is triggered in California, The Bulldog Law blog has a detailed guide on when you have to register as a sex offender in California.

Is Probation Possible in a PC 288 Case?

Only in limited circumstances. Penal Code 1203.066 bars probation altogether in the most serious cases,  including those involving force, violence, duress, or "substantial sexual conduct",  unless narrow statutory exceptions apply. Where probation is legally available (typically a first-time PC 288(a) case without aggravating factors), the court must find that unusual circumstances justify it, that probation serves the interests of justice, and that release does not endanger the community.

Courts cannot impose suspended or split sentences in PC 288(a) cases, so any custody time must be served in state prison rather than county jail. A favorable PC 288.1 psychological evaluation,  a report from a qualified psychologist or psychiatrist assessing risk of reoffense,  is often the single most important tool for persuading a judge to grant probation instead of prison.

Additional Consequences of a Conviction

Beyond prison, fines, and registration, a PC 288 conviction commonly brings:

• Loss of firearm rights for life

• Immigration consequences, including deportation or inadmissibility for non-citizens (lewd acts with a minor is an aggravated felony and a crime involving moral turpitude under federal immigration law). The Bulldog Law's page on deportation consequences of criminal convictions explains exactly how a PC 288 conviction is treated under federal immigration law

• Suspension or revocation of professional licenses (medical, legal, teaching, nursing, and others)

• Criminal protective orders restricting contact with the victim

• Victim restitution, including payment for counseling and medical treatment

• Disqualification from military service

• Exposure to a civil lawsuit for damages

Statute of Limitations for PC 288 Charges

California has largely eliminated filing deadlines for child sex crimes:

No time limit: Under PC 799(b) (Senate Bill 813, the Justice for Victims Act), prosecution may begin at any time for PC 288(b) offenses and for PC 288(a) offenses involving substantial sexual conduct,  for crimes committed on or after January 1, 2017, or for which the prior limitations period had not yet expired by that date.

Victim's 40th birthday: For other PC 288 felonies, PC 801.1(a) allows prosecution any time before the alleged victim turns 40 (for crimes committed on or after January 1, 2015, or where the earlier deadline had not run).

Exceptions: Even expired cases can sometimes be revived within one year of a police report supported by independent corroborating evidence (PC 803(f)), or within one year of a conclusive DNA identification (PC 803(g)).

On the civil side, Assembly Bill 218 (2019) lets survivors sue until age 40 or within 5 years of discovering the harm, and Assembly Bill 452 (2023) removed the civil deadline entirely for childhood sexual assault occurring on or after January 1, 2024. A civil lawsuit can proceed even if no criminal charges are ever filed, because the burden of proof is only a preponderance of the evidence.

Legal Defenses to Penal Code 288 Charges

PC 288 allegations are among the most aggressively prosecuted charges in California,  and among the most defensible when handled correctly. Common defense strategies include:

False accusation. Many cases rest almost entirely on the child's statements, with no physical evidence. Custody disputes, divorce, coaching by an adult, or resentment toward a step-parent are recurring sources of fabricated claims. The Bulldog Law blog's analysis of why people make false accusations of criminal activity explains the most common motivations, and a thorough defense investigation examines school and counseling records, text messages, social media, and witness interviews for motive and inconsistencies.

No sexual intent. Touching done for an innocent purpose,  caregiving, bathing a young child, checking an injury, playful non-sexual contact,  is not a crime, even if it involved an intimate area.

Accidental touching. PC 288 requires a willful act. Unintentional contact, however unfortunate, is not lewd conduct.

Mistaken identification. Young children can misidentify a perpetrator, particularly when the alleged perpetrator was a stranger, the setting was dark or unfamiliar, or significant time has passed.

Suggestive or improper interviews. Forensic interviews of children must follow strict protocols. Leading questions, repeated interviews, or pressure from adults can contaminate a child's account. Defense experts on child suggestibility can be decisive.

Unlawful police conduct. Illegally obtained evidence, coerced confessions, and improper interrogation tactics can be suppressed, sometimes gutting the prosecution's case.

Age element not met. PC 288 does not apply if the minor was 14 or 15 and less than 10 years younger than the defendant, or was 16 or 17 (though other statutes may still apply).

An experienced defense lawyer may also pursue a private polygraph examination or a PC 288.1 mental health evaluation to persuade the prosecutor to reduce or dismiss charges, or to secure probation where the evidence is strong.

Related California Offenses

• PC 288.5 – Continuous sexual abuse of a child

• PC 288.2 – Sending harmful matter to a minor with intent to seduce

• PC 288.3 – Contacting a minor with intent to commit a sex offense

• PC 288.4 – Arranging a meeting with a minor for lewd purposes

• PC 288.7 – Sexual acts with a child 10 or younger

• PC 287 – Oral copulation with a minor

• PC 261.5 – Unlawful sexual intercourse with a minor (statutory rape)

• PC 243.4 – Sexual battery

• PC 647.6 – Annoying or molesting a child

• PC 269 – Aggravated sexual assault of a child

Frequently Asked Questions

Is PC 288 a felony or a misdemeanor?

Lewd acts on a child under 14 (PC 288(a) and (b)) are always felonies. Only PC 288(c)(1),  involving a 14- or 15-year-old victim and a defendant at least 10 years older,  is a "wobbler" that can be charged as a felony or a misdemeanor.

Can PC 288 charges be dropped or reduced?

Yes. Charges can be dismissed or reduced when the defense exposes false allegations, insufficient evidence, flawed child interviews, or constitutional violations. Prosecutors may also agree to a plea to a lesser, non-registrable offense in appropriate cases.

Does the child have to testify?

Usually the alleged victim's account is central to the case, and in most prosecutions the child testifies, often with special courtroom accommodations. The defense retains the constitutional right to cross-examine the witness.

Is a PC 288 conviction a strike?

Yes. PC 288(a) and (b) are both serious and violent felonies, so a conviction counts as a strike under California's Three Strikes Law and limits custody credits.

How long do I have to register as a sex offender?

A first PC 288(a) conviction generally requires a minimum of 20 years of registration (Tier 2). Convictions involving force, repeat offenses, or One Strike sentencing require lifetime registration (Tier 3). A PC 288(c)(1) conviction generally falls in Tier 1, with a 10-year minimum. The California DOJ makes the final tier assignment.

What should I do if I'm being investigated for PC 288?

Do not speak to police, do not contact the accuser or their family, and do not consent to searches or "pretext calls." Politely decline all questioning and contact a criminal defense attorney immediately. Many PC 288 cases are won or lost during the investigation stage, before charges are ever filed.

Charged Under Penal Code 288? Contact The Bulldog Law Today

A child molestation accusation threatens everything,  your freedom, your family, your career, and your name. These cases demand an aggressive, immediate defense built on independent investigation and deep knowledge of California sex crime law.

The criminal defense team at The Bulldog Law defends clients across California against PC 288 and related sex crime charges. We move fast to intervene before charges are filed, challenge unreliable evidence, and fight for dismissals, reductions, and acquittals.

Call The Bulldog Law now for a free, confidential case evaluation. Available 24/7.

Legal sources: California Penal Code §§ 288, 290, 290.5, 667, 667.5, 667.61, 667.71, 799, 801.1, 803, 1192.7, 1203.066, 12022.8; CALCRIM Nos. 1110, 1111; Senate Bill 813 (2016); Senate Bill 680 (2025); Assembly Bill 218 (2019); Assembly Bill 452 (2023); California Code of Civil Procedure § 340.1.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. If you are facing criminal charges, consult a licensed California criminal defense attorney about the facts of your case.