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What is california penal code § 288.5 mean?

Garden Grove, CA |

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

and do the person have to be over 18 to be called Continuous sexual abuse of a child what if they were both minor one is 16 and one is 15 or maybe 14

Attorney Answers 2


  1. 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 dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.


  2. 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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