Child molestation in California is usually charged under Penal Code 288(a) as a lewd or lascivious act with a child under 14, a felony punishable by 3, 6 or 8 years in state prison. Using force, violence, duress, menace or fear raises the term to 5, 8 or 10 years (Penal Code 288(b)), and every PC 288 conviction requires sex offender registration under Penal Code 290: at least 20 years for a 288(a) conviction, and life for a 288(b) or 288(c) conviction.

The statute turns on intent: the prosecution must prove that the act on or with the child's body was done with the intent of arousing or gratifying the sexual desires of the accused or the child. That intent element, and the reliability of the child's account, are where most of these cases are fought.

There is a distinct line between being charged with child molestation and actually committing the crime. An accusation alone is enough to start an investigation that can upend your life, and sex crimes involving children attract media attention that puts pressure on prosecutors and juries. That's why it's crucial to retain a child molestation defense attorney who knows what's at stake.

What Does Penal Code 288 Cover?

Most of what people call child molestation is charged under Penal Code 288, California's lewd-acts statute. PC 288(a) applies to any touching of a child under 14 done with sexual intent — the contact itself does not have to look sexual if the prosecution alleges the intent behind it was. PC 288(b) adds allegations of force or fear, and PC 288(c) covers alleged victims who are 14 or 15 when the accused is at least ten years older.

Prosecutors also reach for related statutes: PC 647.6, which covers annoying or molesting a child, and PC 288.3 and PC 288.4, which criminalize contacting a minor or arranging a meeting with lewd intent. Which charge the DA selects drives everything that follows — the sentencing range, whether the offense counts as a strike, and what tier of sex-offender registration applies. Getting the charge itself challenged or reduced is often the single most important fight in the case.

What Is the Sentence for Lewd Acts With a Child in California?

A first-time conviction under PC 288(a) carries three, six, or eight years in state prison. Force-or-fear allegations under PC 288(b) raise that range to five, eight, or ten years, and multiple counts can be stacked. These are strike offenses under California's Three Strikes law.

A lewd-acts conviction also requires sex-offender registration under Penal Code 290. A PC 288(a) conviction is a tier two offense, with a minimum of twenty years on the registry. Convictions under PC 288(b) or 288(c), or PC 288(a) convictions in two separately tried cases, are tier three, which means lifetime registration.

Depending on the severity of the allegations, the court can also impose restitution along with lasting social and employment consequences. The penalties are designed to be crushing, which is exactly why the defense has to start early and take nothing for granted.

Why Innocent People Get Accused

False allegations in these cases follow patterns Marc has seen for years: contested custody and divorce battles, a child coached or pressured by an adult with an agenda, innocent contact misread by a third party, and suggestive questioning that plants details a young child then repeats as memory. Timing matters, motive matters, and inconsistencies matter — and a defense that documents all three can change the entire complexion of a case.

A sex crime accusation can follow you for the entirety of your life, even if you're never convicted of the offense. We realize the social stigma attached to facing even a lesser penalty, such as being passed over for employment. That's why we put our best foot forward to defend your rights in court, and why we protect your privacy while we do it.

The Investigation Usually Starts Before You Know About It

By the time you first hear about an allegation, detectives may already have been working for weeks. Two tools appear in almost every San Diego case: a recorded forensic interview of the child, and a "pretext call" — a monitored phone call, often placed by the accuser or a parent, designed to get you to apologize or explain yourself on tape. If you receive an unexpected, emotionally charged call about an accusation, say nothing and end the call.

At The Law Office of Marc S. Kohnen, we evaluate each case with the attention it deserves. Furthermore, we're aware that law enforcement uses several tactics to coerce the accused into making a statement of admission. In such cases, we advise our clients to exercise their right not to speak — not until they've consulted with an experienced criminal defense lawyer in San Diego. In child molestation cases, we analyze various defenses to choose from, including:

Illegal search and seizure of evidence and person.
False accusations.
Non-sexual nature of the contact.
Coached, inconsistent, or suggestively obtained statements.
Lack of any corroborating physical or digital evidence.

How These Cases Move Through San Diego County Courts

Felony lewd-acts cases are handled by specialized prosecutors in the District Attorney's sex-crimes unit and are arraigned at the Central Courthouse downtown or at the branch courts in Vista, El Cajon, or Chula Vista, depending on where the alleged conduct occurred. After arraignment come readiness conferences and a preliminary hearing, where a judge decides whether enough evidence exists for the case to proceed to trial.

Marc uses every one of those stages: cross-examining witnesses at the preliminary hearing, litigating motions to suppress illegally obtained evidence, and negotiating from a position of genuine trial readiness. Since it's up to the prosecution to prove each element, we hold the prosecutor to that duty before any conviction can occur. Given any missing element or evidence obtained illegally, the result is often reduced charges — or complete dismissal.

What Marc Has Done in Cases Like This

Marc has defended PC 288 cases all the way through jury trial. In one San Diego case involving twelve felony counts of lewd acts, the jury hung and the case ultimately resolved with no jail time. In other cases, multi-count felony lewd-acts charges were reduced to a single misdemeanor with no jail and no sex-offender registration required. No lawyer can promise you a particular result — but outcomes like these show what a meticulous, private, fully prepared defense can achieve.

Call us today for a confidential one-on-one meeting with an experienced San Diego child molestation defense lawyer.

When it's about your future and freedom, we don't stay back, and neither should you.

San Diego Child Molestation Defense Lawyer