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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16365
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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HiI am being charged with PC 288aI was asked to work on

Resolved Question:

Hi
I am being charged with PC 288a
I was asked to work on an 2nd car for a friend her daughter 13 has called me dad for 5 years we are all friendly and the victim calls or talks with me since her uncle died at their house.
I do costuming as a hobby she asks about 2 of her costumes frequently. While momwent for pizza (10min) I suposedly undressed to my boxers (I don't wear boxers and bikins or a jock strap occasionly. My penis was seen? I supposedly touched her butt hanging out of the costume OVER her panties I then patted her on the side of her butt and said lets go moms here w/pizza she also said I sat next to her obthe sofa while she was ina chat room and kissed her neck. She also stated when mom went to retrive her cell at the pizza place I asked her if she wanted to play again IENTTO THE PIZZA PLACE TO GET CELL PHONE They want me to say no contest at ERC maybe get jail but register now I can't finish a child adpotion what can I do to not register? I have a dismissed exporse case from when I was 14
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Section 288(a), Lewd Act with a Child Under 14, is a felony in California that is punishable by imprisonment for3, 6, or 8 years.

The relevant parts of the statute are below. I have highlighted the elements the state would have to prove in order to convict you of this crime:


(a) 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 is no way you can take any kind of a plea to a sex offense and be able to avoid registration requirements. If the prosecution is willing to make you a deal that would involve less jail time/no jail but is requiring that you register now, that is what you will have to do. Otherwise, the only alternative you'd have would be to take this case all the way to trial and win it. If you do so, you would not have to register at all. However if you lose, the penalties are substantial as above, and you would once again be in a situation where you will have to register.

The registration requirements for sex offenses are non-negotiable. I understand how burdensome they are to those who must register. But the trend is to make the requirements even more strict, not less. Tthere's no way around them.
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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16365
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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