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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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My son just revealed to me that he flashed s one year old

Customer Question

My son just revealed to me that he flashed his one year old cousin and masterbated in front of him. He said this only happened once when he was 14. Can he get arrested even if this happened 10 years ago. He feels so guilty for the act and can't seem to move on from this one incident. He wants therapy to get past this. He has told me that he is no way shape or form a pendofile or child molester.
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Samuel II replied 10 months ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Give me a few minutes to look at few CA laws in this regard and I will post here in a few.

Thanks for your patience.

Expert:  Samuel II replied 10 months ago.

Thank you for your patience.

I suggest this could fall under the CA Penal Code section 288 as lewd behavior with a minor.

It states in part the following:

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.

The statute of limitations when a victim was under 18 at the time of commission of the offense, prosecution may bring a case against a perpetrator any time before victim’s 40th birthday. That means that charges could be brought against your son up and until the "victim" is age 40.

Customer: replied 10 months ago.
He says he was a child and wants to move on with his life. What do I do?
Expert:  Samuel II replied 10 months ago.

I suggest if he talks to a therapist, under CA law they are mandated reporters. So if he relates this to a therapist, they are under a legal obligation to report it to the police. Unfortunately, I cannot tell you or your son what to do.

Expert:  Samuel II replied 10 months ago.

I suggest he may want to try confession to a priest and that could help ease his heart.

Customer: replied 10 months ago.
Thank you. He was sexually molested as a kid and made one stupid mistake. He says that he forgot about this incident until a few days ago. He really does not want to go to prison. If he went and told a therapist this in order to move past this could he be reported?
Expert:  Samuel II replied 10 months ago.

Yes. Under the CA Penal Code 11165.7 lists the mandated reporters and shows:

(21) A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.

Expert:  Samuel II replied 10 months ago.

That is why since it is an isolated incident when he was a child, that he could tell a member of the clergy and they are not obligated to report it. That could help him to heal and move on.

Customer: replied 10 months ago.
OK I will go to the clergy. Thank you sir.
Expert:  Samuel II replied 10 months ago.

You are welcome. Good luck to you and your son with this matter.

Expert:  Samuel II replied 10 months ago.

Thank you in advance for a positive rating on my time, research and legal information I provided.

Customer: replied 10 months ago.
My son was a child when this happened.he can still be convicted?
Expert:  Samuel II replied 10 months ago.

How old was your son?

Customer: replied 10 months ago.
He was around 12 to 14 years old. He confessed he will never do such a thing.
Expert:  Samuel II replied 10 months ago.

Unfortunately, yes. He can still be prosecuted as he was at an age where he should have known right from wrong. I suggest because of his own personal abuse, there could be some defense wherein a plea deal could be negotiated if he is charged.

Expert:  Samuel II replied 10 months ago.

But it also would depend on the victim. It is very possible the victim has no recall of any of this. And so without the recall of the victim, the state may not be able to put a case against your son together to get a conviction based on beyond a reasonable doubt.

Customer: replied 10 months ago.
Thank you
Customer: replied 10 months ago.
The victim was his cousin who is now 11. My son looks out for him like a little brother. And the 11 year old looks up to him. So from what I see my nephew has no recollection of this one time incident ever happening.
Expert:  Samuel II replied 10 months ago.

That's good. As I said, if he has no recall, I suggest your son talk to a clergy to help ease his guilt.

Customer: replied 10 months ago.
He will pray to God and repent for what he did. Thank you for your help sir.
Expert:  Samuel II replied 10 months ago.

You're welcome. Good luck to all.

Expert:  Samuel II replied 10 months ago.

Thanking you in advance for a positive rating as this is how I get credit for my time and information.

Expert:  Samuel II replied 10 months ago.

Thank you.