California law, including Penal Code 288.3 PC, provides strong protections against the exploitation of minors. This law criminalizes contacting or attempting to contact a person under 18 years of age with the intent to commit a particular felony that involves the person. There is no need to touch the person or commit a physical act; even illegal communication alone may result in charges. The law punishes criminal intent and preparatory acts and considers them attempted crimes. The consequences are harsh, and this indicates how seriously California takes such crimes. This guide describes the scope of the law, its operation, the repercussions of a breach, and the defenses that can be employed to refute the allegations.
An Overview of Penal Code 288.3
Contacting or attempting to contact a person known or reasonably believed to be under 18 years of age, with the intent to commit a felony against them, is a crime under Penal Code 288.3 PC. The term "contact" is broadly defined to include:
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Face-to-face contact
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Phone calls
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Text messages
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Emails
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Social media
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Print advertisements.
The law permits prosecution without any physical action or crime being committed; only the communication and the criminal intent of the communication can be prosecuted. This makes it different from most other crimes involving a physical step towards the crime.
Purpose and Legislative History
Penal Code 288.3 was expanded and strengthened by Proposition 83, the Sexual Predator Punishment and Control Act (Jessica’s Law), passed in November 2006. The law significantly strengthened California’s sex offender regulations, aiming to enhance public safety by increasing penalties and surveillance measures. Although it added such measures as residency restrictions and GPS tracking, it aimed to enable earlier intervention in possible crimes.
Before this change, existing laws often required law enforcement to gather evidence showing substantial steps toward committing the crime; Penal Code 288.3 reduced that threshold, making it a crime to attempt to engage in sexually explicit communications with a minor, even when the attempt is unsuccessful. This preventive measure allows the authorities to prevent criminals before they can commit physical crimes, a significant change in strategy appropriate to the realities of the digital era.
Legal Elements of Penal Code 288.3 PC
To find you guilty of Penal Code 288.3 PC, the prosecution must demonstrate three elements beyond a reasonable doubt. These are the charge components; defense attorneys concentrate on discrediting one or more. They include the following:
Communication or Attempted Communication
The first element is that you communicated with, contacted, or attempted to contact a person under 18. Contact is defined widely to cover both direct and indirect contacts- face to face, telephone, email, mail, internet, social media, radio, or even print advertisements. Notably, an effort to communicate suffices. This means prosecution need not show that the message was received or responded to; a step towards communication suffices for this aspect.
Willfulness to Commit a Particular Felony
The second element is that you had the intent to commit one of the felonies listed in the statute when you made contact. This is the mental element, the ‘guilty mind’ element. It is not a crime to talk or to be romantically interested in someone; the law criminalizes intent to commit a qualifying felony. Intent is usually hard to prove and is based on circumstantial evidence, such as the content of the communication. The defense has a strong case for acquittal unless there is firm evidence of this intent.
Knowledge or Reasonable Belief of the Age of a Minor
The prosecution must prove that you should have known or reasonably known that the individual was a minor. The law will be applicable even without direct knowledge, provided a reasonable person in the same circumstances would have believed that the person was less than 18. This also covers situations where undercover officers pretending to be minors duped defendants. The “mistake of fact” defense is applicable in case you reasonably and in good faith believed that the individual was an adult.
Sting Operations and the Role of Perceived Identity
Internet sting operations frequently prosecute Penal Code 288.3. Police officers impersonate children on the internet to identify potential suspects. A person can be convicted even if they never met a real minor. Liability is determined by intent and belief, not by the actual age of the individual.
In People v. Korwin, a teacher was found guilty of communicating with a person he knew or should have known was a minor, but was an undercover policeman. The court affirmed the conviction, with the main point being that the belief and intent of the defendant were the issue. The fact that he said that the decoy was under 18 indicated that he knew or should have known she was under 18, which fulfilled the statute's requirements.
This legal system implies that in sting cases, the prosecution does not have to prove there was an actual victim. Instead, they can use the defendant’s words and actions to show intent.
Felony Offenses that Underlie PC 288.3
Penal Code 288.3 PC is not a standalone offense linked to the intent to commit certain underlying felonies. These are felonies that are enumerated in the statute. They can be sexual or non-sexual crimes, and the severity of these felonies directly influences the punishments of a PC 288.3 conviction.
The qualifying felonies are very broad in their definition of serious crimes, and the majority of them are sexual. This wide definition provides a lot of flexibility to prosecutors who can charge a suspect under PC 288.3.
Some of the qualifying felonies include the following:
Kidnapping (PC 207)
Kidnapping is transporting an individual to a considerable distance against their will with the use of force or fear. In the case of victims who are below 14 years old, kidnapping may be committed without using force, provided that the victims are induced into accompanying the offender through false promises or deception to engage in a sex crime. This intent may be used to sustain a PC 288.3 charge.
Rape (PC 261)
Rape is non-consensual sexual intercourse that may be achieved through force, threats, duress, fraud, or when the victim is incapacitated. Communicating with a minor with the aim of raping them in any way is classified in PC 288.3.
Child Endangerment (PC 273a)
This is the act of causing, allowing, or inflicting unreasonable physical pain or mental distress on a child or exposing them to a condition that threatens their well-being or safety, without necessarily causing harm.
Sodomy (PC 286)
Sodomy is an anal-penile contact. It is criminal when it is non-consensual or when done with a minor.
Lewd Conduct with a Child under 14 (PC 288)
Sexual contact with any part of a child below the age of 14 is a felony. Another typical foundation of PC 288.3 is the intent to commit such an act.
Oral Copulation (PC 287)
Contact between a mouth and a sexual organ or anus can be criminal regardless of whether it is consensual or whether a minor is involved.
Sending Harmful Material to a Minor (PC 288.2)
Knowingly sending obscene material to a person under 18 with the intent to sexually arouse either person and to engage in sexual activity is illegal. The crime is committed by sending the material itself.
Forcible Sexual Penetration by Object (PC 289)
It is the non-consensual insertion of an object or a non-sexual body part into the genital or anal orifice by force, threat, or duress.
Crimes of Child Pornography (PC 311 Series)
These legislations make it a crime to possess, produce, distribute, or transmit sexual material that involves minors.
By connecting communication to the desire to engage in these grievous felonies, Penal Code 288.3 gives law enforcement a much wider scope to act before an actual crime is committed.
Effects of a PC 288.3 Conviction
A conviction of contacting a minor to commit a felony under Penal Code 288.3 PC has long-term and severe consequences. These involve long prison terms, sentencing escalators for repeat offenders, and compulsory sex offender registration that can change the life of a person permanently.
Legal Penalties
PC 288.3 is always prosecuted as a felony. The sentence is based on the felony that you intended to commit. The law considers the unlawful communication as an attempt to commit that crime, and thus, punishment is equivalent to that of the underlying felony, attempted.
- Forcible Sodomy: 7 to 13 years in prison
- Lewd Acts with a Child Under 14: 3, 6, or 8 years in prison
- Oral Sex With A Minor: 16 months to 8 years in prison, depending on the ages of the parties and other statutory factors
Apart from the prison sentence, you can be fined up to $10,000 and put under supervised felony probation.
Repeat Offender Sentencing Enhancements
California has more severe punishments for repeat offenders. A second or subsequent PC 288.3 conviction is punishable by an automatic consecutive five-year prison sentence. This addition is made to the basic sentence and results in a significant addition of prison time.
Sex Offender Registration
A PC 288.3 conviction will lead to the requirement to register as a sex offender under Penal Code 290 PC.
Before 2021, most sex offenses in California required lifetime registration, with limited exceptions for certain lower-level offenses. But since January 1, 2021, Senate Bill 384 has added a three-tiered system:
- Tier One: Minimum 10 years (for example, misdemeanor sexual battery, indecent exposure, or first-offense annoying a child)
- Tier Two: At least 20 years (for example, incest, lewd acts with a minor under 14, or some cases of statutory rape)
- Tier Three: Lifetime registration (for example, murder in the course of a sex offense, sex trafficking of a child, most rapes, felony lewd acts with a minor, and kidnapping to commit a sex crime)
Due to the severity of the underlying felonies, the vast majority of PC 288.3 convictions place offenders in Tier Three, requiring lifetime registration.
Moreover, risk assessments like the Static-99R (now SARATSO) may assign you to Tier Three as being at a risk level that is well above average for the community, even though their offense may otherwise qualify them to be in a lower tier.
This implies that the length and extent of registration are not purely dependent on the crime committed but also on a case-specific risk assessment, and therefore, outcomes are very case-specific.
Additionally, a PC 288.3 conviction may lead to years or a lifetime of close legal supervision and a permanent record that impacts housing, employment, and reputation.
Legal Defenses to PC 288.3 Charges
Since a conviction of Penal Code 288.3 PC has serious consequences, it is critical to build a solid defense. The best defense strategies are those that challenge the prosecution’s ability to prove the three elements of the crime.
You Did Not Intend to Commit a Felony
This defense addresses the core of the charge: the prosecution must prove that you intended to commit one of the qualifying felonies. Intent is a mental state and may be hard to establish beyond a reasonable doubt. A defense lawyer can claim that although the communication with a person who was supposed to be a minor took place, there was no evident intention or action to commit a crime. Innocent, misunderstood, or non-criminal interactions may be called to raise the reasonable doubt of criminal intent.
You had Good Faith That the Individual was not a Minor
This defense challenges the necessity that you knew or should have known that the other party was under 18 years. It is particularly applicable to online situations or sting operations. Evidence may indicate:
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The alleged victim falsified their age
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The individual looked, acted, or spoke like an adult
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The contact was in an adult-only setting, for example, a bar or a restricted website
If you reasonably and in good faith believed you communicated with an adult, this could challenge the prosecution’s case by undermining the knowledge element. However, applicability depends on the facts and relevant case law.
Police Entrapment
Entrapment questions the conduct of the law enforcement, and the argument is that you were provoked or influenced to commit a crime you would not have committed. This defense is typical of internet sting operations.
Although officers may set up an opportunity to commit a crime, they may not use what is called an overbearing pressure, that is:
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Persistent harassment
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Deceit or over-praise
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Intimidation or blackmail
Your criminal defense lawyer can look at communication records to demonstrate that law enforcement did more than provide an opportunity and encouraged the criminal act. If it is established that you would not have done anything without this undue pressure, the charges can be dropped.
Related Offenses
Understanding Penal Code 288.3 PC also involves understanding its relationship to other offenses that target similar conduct, often before a crime is committed.
Arranging a Meeting with a Minor with Lewd Purposes (Penal Code 288.4 )
PC 288.4 makes it a crime to set up a meeting with a minor with lewd intent, out of an unnatural or abnormal sexual interest in the child.
- Comparisons to PC 288.3: Both are the result of Proposition 83, and are frequently prosecuted via sting operations, and do not require a sexual act to be committed
- Distinctions: PC 288.3 is used in cases of intent to commit any number of different felonies, whereas PC 288.4 is limited to arranging a meeting to commit lewd acts or expose genitals. PC 288.3 is a felony; PC 288.4 is a wobbler that may be charged as a misdemeanor or a felony, a legal hierarchy of seriousness
Statutory Rape (Penal Code 261.5)
Statutory rape is sex with a person under the age of 18 who is not a spouse, whether or not the sex is consensual. PC 288.3 is itself a felony offense, but statutory rape is not one of the underlying felonies that can support a PC 288.3 charge. Depending on the age gap, the penalties vary between misdemeanor and felony prison terms.
Sexual Battery (PC 243.4)
Touching intimate parts without consent to achieve sexual gratification, usually when the victim is restrained, may be a misdemeanor or a felony.
Indecent Exposure (PC 314)
Exposing the genitals in a lewd manner in a public place where the genitals can offend other people.
Lewd Conduct in Public (PC 647a)
Touching genitals, buttocks, or a female breast in a public place with the intent of sexual gratification and when others are present is offensive.
Find a Reliable Criminal Defense Attorney Near Me
Penal Code 288.3 PC, which is classified as a felony, criminalizes the intent to commit a felony by communicating with a minor without the need for physical contact. Convictions carry severe penalties, including prison sentences tied to the underlying crime and permanent sex offender registration. Such accusations can ruin your reputation and future. Nevertheless, prosecutors have to prove all the elements beyond a reasonable doubt, and such defenses as the lack of intent, misperceived age, or police entrapment may raise doubts about the case of the prosecutor. If you are charged with these offenses, contact The Los Angeles Criminal Defense Attorney at 310-564-2605 to obtain a competent, aggressive lawyer to defend your rights and future.
