What is california penal code § 288.5 mean?

i know its mean Continuous sexual abuse of a child and something like that but how old is it to be consider a child? is it under 18 what if both person was under 18 and there is only 1 age different and it only kissing and hugging

Garden Grove, CA -

Attorney Answers (2)

Joseph Briscoe Dane

Joseph Briscoe Dane

Child Abuse Lawyer - Orange, CA
Answered

It requires 3 or more lewd acts (sexual touchings) for a period of 3 months it longer by a person who has recurring access to the child. "Child" in this particular crime is a minor under 14.

If I understand between the lines of what you're asking, no - it does not apply to two minors (under 18) in a consensual relationship engaging in kissing.

The above answer is for general information only and is based on the information you posted. Every case is fact... more
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Kevin Rindler Madison

Kevin Rindler Madison

Sexual Harassment Attorney - Lakeway, TX
Answered

It is probably wiser to not post matters like this that may be criminal in nature. Contact a criminal defense attorney. Here is the statute for you, though:

(a) Any person who either resides in the same home with the
minor child or has recurring access to the child, who over a period
of time, not less than three months in duration, engages in three or
more acts of substantial sexual conduct with a child under the age of
14 years at the time of the commission of the offense, as defined in
subdivision (b) of Section 1203.066, or three or more acts of lewd
or lascivious conduct, as defined in Section 288, with a child under
the age of 14 years at the time of the commission of the offense is
guilty of the offense of continuous sexual abuse of a child and shall
be punished by imprisonment in the state prison for a term of 6, 12,
or 16 years.
(b) To convict under this section the trier of fact, if a jury,
need unanimously agree only that the requisite number of acts
occurred not on which acts constitute the requisite number.
(c) No other act of substantial sexual conduct, as defined in
subdivision (b) of Section 1203.066, with a child under 14 years of
age at the time of the commission of the offenses, or lewd and
lascivious acts, as defined in Section 288, involving the same victim
may be charged in the same proceeding with a charge under this
section unless the other charged offense occurred outside the time
period charged under this section or the other offense is charged in
the alternative. A defendant may be charged with only one count under
this section unless more than one victim is involved in which case a
separate count may be charged for each victim.

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