Leader

Collapse

Announcement

Collapse
No announcement yet.

Elements of a California crime

Collapse

300x250 Mobile

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Elements of a California crime

    Yo yo, I'm an Arizona deputy so I'm familiar with Arizona elements of crimes. But we contacted someone last weekend who had a warrant for lewd and lascivious conduct with a child under 14 as well as charges for lewd and lascivious conduct 14-15 years of age.


    I understand it's a sexual crime, but what are the elements for those specific ones? (In Arizona, we just call the crime exactly what happened...)

    If someone wants to message me, that would be awesome.

  • #2
    We do have penal codes that specify certain acts and lewd/lascivious acts. Below is just a brief overview for crimes against those under 14.

    The general provision for Lewd and Lascivious acts
    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.

    286. (c)(1) Any person who participates in an act of sodomy with another person who is under 14 years of age and more than 10 years younger than he or she shall be punished by imprisonment in the state prison for three, six, or eight years.

    288a. (a) Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another person.
    (c) (1) Any person who participates in an act of oral copulation with another person who is under 14 years of age and more than 10 years younger than he or she shall be punished by imprisonment in the state prison for three, six, or eight years.

    289. (a) (1) (A) Any person who commits an act of sexual penetration when the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for three, six, or eight years.
    (B) Any person who commits an act of sexual penetration upon a child who is under 14 years of age, when the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 8, 10, or 12 years.
    (k)(1) As used in this section: "Sexual penetration" is the act of causing the penetration, however slight, of the genital or anal opening of any person or causing another person to so penetrate the defendant's or another person's genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object, substance, instrument, or device, or by any unknown object.

    Hope this helps clarify for you.

    Comment


    • #3
      Here you go...Everything you ever wanted to know about CA codes:

      http://leginfo.legislature.ca.gov/faces/codes.xhtml
      My comments are my personal opinion and are based on my life experiences and training. They are not to be construed as legal advice in any form as I am not an attorney. Should you act on any of the information I provide in my comments, you do so at your own risk!!

      Comment


      • #4
        Basically 288 covers any sexual act upon a minor under 14.
        Today's Quote:

        "The difference between stupidity and genius is that genius has its limits."
        Albert Einstein

        Comment


        • #5
          Thanks, that makes sense. Appreciate it

          Comment

          MR300x250 Tablet

          Collapse

          What's Going On

          Collapse

          There are currently 3139 users online. 151 members and 2988 guests.

          Most users ever online was 26,947 at 07:36 PM on 12-29-2019.

          Welcome Ad

          Collapse
          Working...
          X