Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My son just revealed to me that he flashed s one year old…

Customer Question
My son just revealed to...
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: 2 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 2 minutes by:
1/27/2016
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,012
Experience: Handle criminal matters in both state and federal courts.
Verified

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.

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years 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.

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
He says he was a child and wants to move on with his life. What do I do?
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years 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.

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

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

Ask Your Own Criminal Law Question
Customer reply replied 2 years 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?
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years 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.

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years 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.

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
OK I will go to the clergy. Thank you sir.
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

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

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

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

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
My son was a child when this happened.he can still be convicted?
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

How old was your son?

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
He was around 12 to 14 years old. He confessed he will never do such a thing.
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years 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.

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years 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.

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
Thank you
Customer reply replied 2 years 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.
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years 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.

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
He will pray to God and repent for what he did. Thank you for your help sir.
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

You're welcome. Good luck to all.

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

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

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

Thank you.

Ask Your Own Criminal Law Question
Was this answer helpful?
Ask Samuel II Your Own Question
Samuel II
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,012
27,012 Satisfied Customers
Experience: Handle criminal matters in both state and federal courts.

Samuel II is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I just graduated college with an engineering degree a few
I just graduated college with an engineering degree a few days ago but I have already been denied 4 jobs because I have felonies on my record. I got the charges in October 2013. There are two different docket numbers. the first is illegal possession of stolen things over 500 but under 50000 (Is that a felony or misdemeanor) and the second docket # is simple burglary (felony) and simple criminal damage to property between 500-50000 (felony or misdeanor?) … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,105 satisfied customers
I live in Lancaster SC. I was charged with domestic violence
Hi. I live in Lancaster SC. I was charged with domestic violence 2nd degree because the report states I pushed my wife. My wife says I bumped her, and I'll have to do PTI program. We want to separate.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,806 satisfied customers
I had a question on assault. Florida. Nothing yet
Hello, I had a question on assault JA: What state are you in? It matters because laws vary by location. Customer: florida JA: What steps have you taken so far? Customer: nothing yet JA: Anything else … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I was arrested in 2008 P08CRM1965-1 for shop lifting had to
I was arrested in 2008 P08CRM1965-1 for shop lifting had to do community service which I did and had to pay court fees but I dident cause I dident have a job now I'm going to work at a preschool and n… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I was walking down the sidewalk carrying a pistol on my
i was walking down the sidewalk carrying a pistol on my waist (i do have a permit) and a rifle on a sling. A cop stopped and asked for my ID. I refused stating I had not committed a crime. He threaten… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
My relative has been charged with marijuana possession in
please; my relative has been charged with marijuana possession in Liberty county and is going before a judge tomorrow for the first time. Will he need to enter a plea? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
My friend shoplifted in December. Cop came to his door March
My friend shoplifted in December. Cop came to his door March 20th, per neighbor, but I had moved 2 hours away. May 11 received phone call from police but no voicemail. I called back but was unable to … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
214 satisfied customers
Is it possible to have a malfeasance in office charge
Is it possible to have a sexual malfeasance in office charge reduced? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
Can you expunge a felony charge in the state of tennessee.
can you expunge a felony charge in the state of tennessee … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I was driving home on a flat tire with the rim getting all
I was driving home on a flat tire with the rim getting all banged up. I was 5 blocks from my home when Officer Dumsky suspected a DWI. I was arrested and given for summons, 1. Operate unsafe vehicle 2… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,806 satisfied customers
I'm just looking up information on a criminal felony drug
I'm just looking up information on a criminal felony drug case and trying to find out what some things meant.. But mostly I'm try … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,701 satisfied customers
If someone is on probation violates and goes to prison for
If someone is on probation violates and goes to prison for 18 months gets out on parole then gets another charge while on parole and spends the rest of parole in jail. Once they bond out on charges an… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
429 satisfied customers
64 yrs old wanting a conceal and carry permit! Went thru a
64 yrs old wanting a conceal and carry permit! Went thru a devores 1996,restraining order extended to 2 yrs nothing since, am I elegable? … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
721 satisfied customers
One last question. I do suffer from PTSD and anxiety. That I
One last question. I do suffer from PTSD and anxiety. That I believe is a contributing factor for leaving I panicked. Is that something to mention? Or will that hurt me?… read more
Jonathan Holson
Jonathan Holson
JD
89 satisfied customers
My brother was convicted of underage DUI around 11-12 years
Hello my brother was convicted of underage DUI around 11-12 years ago in Ohio. He was assigned community service and counseling. Apparently he never finished one or both and there has been a warrant o… read more
Jonathan Holson
Jonathan Holson
JD
89 satisfied customers
My brother is current incarcerated in an Oklahoma county
My brother is current incarcerated in an Oklahoma county jail. The alleged victim is claiming that my brother, who's been charged with “domestic assault and battery by strangulation”. I have evidence … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I was a former Compliance Officer for a major health care
I was a former Compliance Officer for a major health care company in Colorado. I filed a complaint against the CEO who I believed was guilty of lying to regulators. Later, the CEO threatened to end my… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If a summons to appear in court is left as "unserved", what
If a summons to appear in court is left as "unserved", what happens to the person that was summoned but not served? Thanks, Ray!… read more
Ray
Ray
Lawyer
Doctoral Degree
32,540 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x