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

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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
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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.
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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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?

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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.

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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.

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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.

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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.

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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.

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Criminal Lawyer: Samuel II, Attorney at Law replied 2 years ago

Thank you.

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