In California, it is illegal to contact a minor with the intent to commit a felony against the child or with them. Minors are a vulnerable group in society, and the state is keen on protecting the juveniles by aggressively prosecuting this offense. Often common felony offenses that can attract these criminal charges include rape, kidnapping, sodomy, oral copulation, or other forcible sexual acts. Contacting a minor to commit a felony is a serious offense charged under California Penal Code 288.3.

A conviction for this offense will result in imprisonment for a period similar to the one-handed for the underlying offense you intended to commit. In addition to incarceration, your criminal record is tainted with a felony conviction. Being labeled as a felony attracts serious collateral consequences.

If you or a loved one faces criminal charges for violating Penal Code 288.3(a), you will require the guidance of a competent attorney to navigate the case. Your lawyer can help protect your rights and fight your charges.

An Overview of California Penal Code 288.3

Any person who communicates or contacts a child intending to commit a specific crime against them could face an arrest and criminal charges. Contacting a minor so you can commit a crime against them is a serious offense charged under California Penal Code 288.3. Before you face a conviction under this statute, the prosecution must prove the following elements of the crime beyond a reasonable doubt:

  • You Contacted or Attempted to Communicate with Someone Else

You can face an arrest for direct or indirect communication. Under California PC 288.3, communication or contact with a child can mean any of the following acts:

  • Personal contact. This involves being in the same physical location as the minor.
  • Contact through print media. Media contact may include newspaper and magazine ads.
  • Phone contact.
  • Internet or email contact.
  • Contact through wire radio communications.

  • The Individual You Contacted or Attempted to Contact was a Minor

Under California law, a minor is a person under eighteen years. It is important to understand that you can face an arrest for this offense even when you failed to contact the child or commit the crime against them. This is important because most arrests and charges under this statute arise from undercover operations by law enforcement officers. Therefore, if you contact an undercover officer with the assumption that they are minor, you can face an arrest and conviction.

  • You Knew or Should have known that the Individual Was a Minor

You cannot be charged or convicted for contacting a child to commit a felony unless your knowledge of their age is clear. The necessity of proving this element is to help avoid conviction and punishment of individuals who unknowingly contact minors. If a child claims to be over eighteen or produces a document that makes you think they were of age, you cannot be charged under PC 288.3.

  • You Planned to Commit a Felony

The last element that the prosecution must prove when establishing your guilt under PC 288.3 is that you contacted the child intending to commit a felony offense against them.

Underlying Offenses Under Penal Code 288.3

The court will only find you guilty of contacting a minor to commit a felony if you intended to commit any of these offenses:

Kidnapping

Under California Penal Code 207, kidnapping is using force or fear to move another person a substantial distance against their consent. Before you face a conviction under this statute, the prosecution must prove the following elements:

  • You moved someone else. You must have moved the alleged victim a substantial distance to be guilty of kidnapping. Whether or not the distance was substantial is determined by the court at your trial.
  • The victim was against the act. Moving another person suffices as kidnapping when the alleged victim protests the movement. However, you must understand that the requirement for consent is not necessary when the victim is a child or a mentally incapacitated individual.
  • You used force, fraud, or fear to accomplish the act. The prosecutor in your case must prove that you used force, threats, or fear for you to be convicted of kidnapping. However, the force will not be necessary if the victim is under fourteen years old or you used false misrepresentation to convince them to go with you.

Child Endangerment

You commit the crime of child endangerment when you place a minor in your case in a dangerous situation. The prosecution proves your guilt under penal Code 273(a) by establishing the following elements:

  • You inflicted unjustifiable physical harm to a child.
  • You placed a minor in a position to be hurt or injured.
  • You allowed a child in your ca.
  • You acted with criminal negligence to suffer harm.
  • You were not disciplining the child.

Child endangerment can attract misdemeanor or felony charges. As a felony, a conviction under this statute is punishable by a prison sentence of two, four, or six years and fines of up to $10,000. A misdemeanor conviction attracts a year in jail.

Rape

Under California Penal Code 261, rape involves non-consensual sexual intercourse. Rape could be accomplished through force, fear, or violence. Violation of PC 261 is one of the most serious sex offenses in California. If you contact a child intending to engage in sexual intercourse with them, you will face an arrest and charges for contacting a minor to commit a felony.

The elements of rape include the following:

  • You engaged in sexual intercourse with another person. Under this statute, sexual intercourse must involve penetration.
  • The other person did not consent. Lack of consent is what makes sexual intercourse with another person illegal. The prosecution will only prove your guilt by showing that the other person did not consent to the act. You must understand that minors and disabled individuals cannot consent to a sexual act. Therefore, their consent will not count.

Rape is a felony punishable by up to ten years in prison. In addition to incarceration and fines, you must register as a sex offender.

Lewd Acts with a Minor

You engage in lewd conduct with a minor when you touch any part of a child’s body or cause them to touch you for sexual arousal or gratification. Lewd acts with a child is an offense addressed under California penal Code 288, and it applies when the alleged victim is under fourteen years.

Before a conviction under this statute, the prosecutor must prove that you touched or caused the child to touch you. Additionally, your intention must be clear.

Oral Copulation with a Child

You will face an arrest and charges for oral copulation with a child when you engage in oral sex with a person under eighteen. Oral Copulation involves contact between the genitals of one person and the mouth of another. While engaging in oral sex is not illegal in California, using force or performing the act on a child is criminal.

Child Pornography

Child pornography is a broad crime that involves the following acts:

  • Creating videos or photographs of children engaging in sexual acts.
  • Possession of child pornography.
  • Hiring, employing, or persuading a child to participate in pornographic films.

You can face criminal charges for possession even when you did not participate in creating pornographic videos or images. You could face PC 288.3 charges when you contact a child for child pornography purposes.

Sentencing and Punishment for Violating California Penal Code 288.3

Contacting a minor to commit a felony is a serious offense. The penalties you face under PC 288.3 are similar to the potential penalties for the offense you intended to commit against the child. Therefore, you will face felony charges. A felony conviction in California attracts the following penalties:

Incarceration

The amount of time you spend in prison will vary based on the underlying offense. For example:

  • You will serve seven to thirteen years for contacting a child to commit sodomy on them.
  • Three, six, or eight years for contacting a child with an intent to engage in lewd acts.
  • Sixteen months to three years to engage in consensual oral sex with them.

Formal Probation

Often, the court could sentence you to felony probation as an alternative to prison. Instead of serving your entire sentence, you will serve some part in prison and the rest on community service. Probation is a lighter sentence than incarceration and is not imposed on all defendants. Your attorney must negotiate with the prosecution.

Mostly, the court will sentence you to probation when you are a first-time offender, and the crime you intend to commit against the child is less severe. Felony probation lasts between three and five years. Therefore, if your conviction carries a lesser sentence and you do not want to be tied to the legal system for long, you can decline the probation and serve your sentence.

While probation allows you to avoid prison time, the sentence is attached to strict conditions you must follow throughout the probation period. Common probation conditions could include the following:

  • Regular meetings with your probation officer. The court appoints a probation officer to oversee your case when you are sent to probation. The probation officer is responsible for monitoring your progress and ability to follow through with other court-imposed conditions. Through your probation period, the court expects you to report to the probation officer and inform them of any major decisions that could affect your sentence.
  • Travel restrictions. While out on felony probation, the court could impose travel restrictions. Remaining within your jurisdiction makes monitoring your progress easier for the probation officer.
  • Avoid criminal activity. When the court sends you to probation, they expect you to have learned from your past mistakes. Therefore, facing an arrest for a different offense while on probation may attract serious charges for probation violations.
  • Random drug testing. The court mandates that you submit to drug tests during your probation period. Failure to submit to the test or a positive result could result in a citation for probation violation.

Sex Offender Registration

After a conviction for contacting a child to commit a felony, the court will mandate that you register as a sex offender under Penal Code 290. In most cases, sex offender registration for violating this statute falls under Tier three. Tier three sex offender registration causes you to remain in the registry for a lifetime.

As a convicted sex offender, you must register with the police in your city. Additionally, the registration must be renewed each year within five days of your birthday or every time you move residence. Being on the sex offender registry can significantly affect your life. Your ability to obtain employment and a decent living place is limited when your name is in the sex offender registry. Additionally, law enforcement officers must contact you for interrogations anytime a crime is committed in your area.

If you fail to register or renew your sex offender status, you could face an arrest and charges. A conviction for failing to register as a sex offender attracts a prison sentence of sixteen months to two or three years.

Legal Defense Against PC 288.3 Charges

The stakes are high for defendants facing charges for contacting a minor to commit a felony. Often, the consequences of your conviction could affect your life long after you have served your prison sentence and paid your fines. Therefore, fighting your charges should be a priority. The following are some legal defenses you can use in your case:

Lack of an Intent to Commit a Felony

Proving that you contacted a child intending to commit any of the listed felonies against them is a crucial but challenging element for the prosecution to prove. Therefore, your attorney can help you show that your purpose of communicating with the minor was not felonious. For example, a teacher who asks a student to remain after school for extra tutoring could be cited for committing PC 288.3 if the student misunderstands the message and reports the issue.

If the prosecution cannot prove your intent beyond a reasonable doubt, you can beat the charges and avoid the consequences of a conviction.

You Believed that the Alleged Victim was an Adult.

It is not uncommon for minors to lie about their age so they can engage in illegal acts. The prosecutor must prove knowledge of the victim's age. Many PC 288.3 cases arise when defendants act without knowledge that the alleged victims are adults.

For example, if you speak with a person at a bar that only allows persons over twenty-one years, you may fail to realize a minor who used a fake ID to enter the club. In such a case, you can argue that you have a reasonable belief that the minor was an adult.

False Allegations

For many crimes involving minors, false allegations are not uncommon. Some of the reasons why you could fall victim to false allegations are wrongful identification. If you have a dispute with someone, they could falsely accuse you of contacting their child or another child to commit a felony.

Additionally, individuals in the middle of divorce proceedings can use any tactic to have the upper hand in custody battles.

Therefore, your ex-spouse can falsely accuse you of contacting the child with the intent to kidnap them. If you are found guilty and convicted of the offense, you may be denied child custody which puts them at an advantage. Your attorney can investigate the details of your case to uncover the false allegations scheme.

Police Entrapment

In California, entrapment occurs when the police and other law enforcement officers use overbearing tactics to coerce you into committing a crime you could not commit otherwise.

Some acts that could suffice as entrapment include fraud, harassment, threats, flattery, or pressure.

It is not uncommon for someone to be arrested and charged with contacting a minor to commit a felony after an internet operation by the police. Officers could pose as minors on the internet and flirt with you aggressively so you can fall into the police trap. Under these circumstances, you can argue police entrapment as a defense to your charges.

Find a San Jose Criminal Defense Attorney Near Me

If you make any physical or electronic contact with a child to commit a crime against them, you risk facing an arrest and criminal charges under California Penal Code 288.3. Often, these crimes involve communicating with the child to commit a sexual act. Since children cannot legally consent to sex, any sexual contact with the child is a crime.

Arrests and convictions for crimes against a minor have severe legal and collateral consequences. From prison time to fines and a permanent criminal record. Fortunately, not all arrests under PC 288.3 will attract a conviction. With the guidance of a skilled criminal lawyer, you can build a solid defense to avoid the consequences of a conviction. At California Criminal Lawyer Group, we have the legal knowledge and experience you need to battle your criminal charges in San Jose, CA, and secure a favorable outcome. Contact us at 408-622-0204 to discuss your case.