QUESTION

What are the legal repercussions for someone being charged with lewd acts upon a child?

Asked on Apr 24th, 2013 on Criminal Law - Colorado
More details to this question:
The person who is being charged is now over the age of 18 but when I happened they were under the age of 14.I.E Male child under 14 has lewd acts with female minor under 14. Over the age of 18 the male minor now adult is being charged with lewd acts upon a minor.
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3 ANSWERS

Lewd act with a child is a violation of California Penal Code Section 288. 288. (a) Except as provided in subdivision (i), any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years. There are no age limitations on the defendant as to how old he has to be. However, because this happened when the defendant was under14, he will be charged and tried as a minor. As a minor if convicted the chances of going to jail are slim. Without knowing all the facts of the incident I am unable to give you a more exact answer.
Answered on Apr 26th, 2013 at 2:06 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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He is looking at potential jail time and being required to register as a sex offender. If he has not done so already, I suggest that he hire an attorney immediately.
Answered on Apr 26th, 2013 at 12:14 AM

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Criminal Law Attorney serving Boulder, CO
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If both are approximately the same age (14 and within a year of 14), unless there is a consent issue, it should not be a crime. If a person has sexual contact with one under 15 yo, and the person is 4 years or more older, there is a potential of lifetime imprisonment with possibility of lifetime probation or parole. There are lots of sex crimes with specifics about ages. If a person is in a position of trust (coach, babysitter, teacher etc) and has sexual contact with one under 18, then that is a sex crime. I am uncertain from you question the specifics, but I hope this helps.
Answered on Apr 25th, 2013 at 10:21 PM

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