California Penal Code 288.4 PC: Arranging to Meet with a Minor for Lewd Purposes

Examples of Potential Offenders

Picture this: a twenty-something woman places a tantalizing ad on Craigslist, expressing her desire to meet a “young hottie.” A 16-year-old boy responds, and the two exchange flirtatious emails before ultimately agreeing to meet for a “date” at the woman’s apartment. Or perhaps a middle-aged man who participates in an internet chat board centered around “man-boy love” is caught engaging in sexually explicit conversations with a user who claims to be a 12-year-old boy, then proceeds to invite the child out to dinner. Maybe a young man at a party receives advice from his friend that the flirty teenage girl he’s chatting with is “easy” and “up for anything.” The man subsequently obtains the girl’s phone number and calls her a few days later to invite her over to his place.

Potential Penalties

For most defendants charged with arranging to meet a minor for lewd purposes, the charges are deemed a misdemeanor. This charge carries with it a possible penalty of up to one (1) year in county jail and a fine of up to five thousand dollars ($5,000). It’s essential to note that the offender will also have to register as a tier one sex offender. This registration requires a minimum 10-year registration period.

However, under California Penal Code 288.4 PC, arranging a meeting with a minor for lewd purposes is elevated to a felony in two scenarios. First, if the defendant has a prior conviction that requires them to register as a sex offender in California. Second, if the defendant actually attends the meeting with the minor (as opposed to merely arranging it). In these cases, the potential penalties may include between sixteen (16) months and four (4) years in California state prison and/or a fine of up to ten thousand dollars ($10,000). Convicted defendants will also be required to register as tier three sex offenders, carrying with it a lifetime registration.

Regardless of whether an individual is convicted of this offense as a misdemeanor or a felony, they will be subject to California’s sex offender registration requirement.

Legal Defenses

Depending on the specifics of the case, defendants may be able to fight the charges with a few of the following common legal defenses:

They were not motivated by a sexual interest in children.
They did not intend to engage in lewd activity at the meeting.
They did not know the other person was a minor.
They were entrapped.
In summary, arranging to meet with a minor for lewd purposes is a severe offense with severe consequences. It’s important to remember that even if you’re convicted of a misdemeanor, you’ll still have to register as a sex offender. Don’t hesitate to contact a skilled criminal defense attorney to discuss your case and help you develop an effective legal strategy.

Solicitation of a Minor: Understanding California Penal Code 288.4 PC

A Felony or Misdemeanor Charge

California Penal Code 288.4 PC criminalizes arranging a meeting with a minor under the age of 18 with the intent of engaging in sexual conduct. The gravity of the offense ranges from a misdemeanor to a felony, carrying severe consequences such as imprisonment for up to 4 years and registration as a sex offender.

The Language of the Code

The code section reads as follows:
“Every person who, motivated by an unnatural or abnormal sexual interest in children, arranges a meeting with a minor or a person he or she believes to be a minor for the purpose of exposing his or her genitals or pubic or rectal area, having the child expose his or her genitals or pubic or rectal area, or engaging in lewd or lascivious behavior, shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.”

Going to the Arranged Meeting Place

If the person described in the code section goes to the arranged meeting place, he or she shall face a more severe punishment of imprisonment in the state prison for 2, 3, or 4 years.

Intended Sexual Conduct

The intended sexual conduct that can lead to charges under Penal Code 288.4 includes:

• The defendant exposing their genitals or pubic or rectal area
• The defendant having the minor expose their genitals or pubic or rectal area
• Engaging in “lewd and lascivious” acts that touch the child’s body for sexual arousal

Conviction without Actual Sexual Activity or Meeting

It’s crucial to note that an individual can be convicted of “arranging a meeting with a minor for lewd/lascivious purposes” even if they never actually engage in any sexual activity with the minor or never meet with the minor. This law serves as a warning and a deterrent to those who may have such intentions.

Conclusion

Penal Code 288.4 PC, also known as the California sex crime of “solicitation of a minor,” is a serious offense that requires a thorough understanding of the law. The consequences of violating this law are severe and can have life-long impacts.

What is Arranging a Meeting with a Minor for Lewd Purposes?

Arranging a meeting with a minor for lewd purposes is a serious crime that involves the intention of sexual misconduct with someone under 18 years old. This crime has three elements that must be proven in order to convict the defendant.

Elements of the Crime

The three elements of this crime are as follows:

The defendant must arrange to meet with a minor or someone that they believe is a minor.
The defendant must have an unnatural or abnormal sexual interest in children when arranging the meeting.
The defendant must intend to engage in lewd or lascivious behavior, expose their genitals, pubic or rectal area or have the minor expose their genitals, pubic or rectal area during the meeting.

The Age Factor

It is important to note that a minor is considered anyone under 18 years old, including prepubescent children and sexually-mature teenagers. Therefore, the law applies to all minors, not just those who are prepubescent.

Sting Operations

Many cases of arranging meetings with minors for lewd purposes are enforced through sting operations where an undercover officer pretends to be a minor. Therefore, it is a crime to arrange a meeting with someone you only believe to be a minor.

For example, if someone initiates discussions of sexual activity with someone they believe to be a 14-year-old girl, they can still be found guilty of arranging a meeting with a minor for lewd purposes, even if the girl was actually an undercover police officer.

Conclusion

Arranging a meeting with a minor for lewd purposes is a serious crime that can lead to severe consequences. Therefore, it is important to be aware of the legal definition of this crime and the consequences that come with it.