I. California Penal Code 288.7(a) and California Penal Code 288.7(b): Sex/Sodomy with a minor 10 years of age or younger / Oral Copulation/Sexual Penetration of a minor 10 years of age or younger

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PC 288.7(a): Occurs when you are over the age of 18 years old, and engage in an act of sexual intercourse or sodomy with a child who is 10 years of age or younger. For a person to be convicted of a violation of PC 288.7(a), the prosecution must prove the following:

1. The defendant engaged in an act of sexual intercourse/sodomy with a minor;
2. When the defendant did so, the minor was 10 years of age or younger;
3. At the time of the act, the defendant was at least 18 years old

PC 288.7(b): Occurs when you are over the age of 18 years old, and engage in an act of oral copulation or sexual penetration with a child who is under the age of 10 years old. For a person to be convicted of a violation of PC 288.7(b), the prosecution must prove the following:

1. The defendant engaged in an act of oral copulation/sexual penetration with a minor;
2. When the defendant did so, the minor was 10 years of age or younger;
3. At the time of the act, the defendant was at least 18 years old

II. What does this mean?

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This charge is relatively simple and extremely serious. Both counts (a) and (b) require the same elements, that you are over the age of 18 at the time of the commission of the offense, and that the minor is under 10 years of age at the time of the offense.

Sexual intercourse means any penetration, no matter how slight, of the vagina or genitalia by the penis. Actual ejaculation is not required for this charge. Sodomy is any penetration, no matter how slight, of the anus of one person by the penis of another person. Actual ejaculation is also not required for this charge.

Oral copulation is any contact, no matter how slight, between the mouth of one person and the sexual organ or anus of another person. Penetration is not required.

Sexual penetration means (penetration, however slight, of the genital or anal opening of the other person/causing the other person to penetrate, however slightly, the defendant’s or someone else’s genital or anal opening/causing the other person to penetrate, however slightly, his or her own genital or anal opening) by any foreign object, substance, instrument, device, or any unknown object for the purpose of sexual abuse, arousal, or gratification. An unknown object includes any foreign object, substance, instrument, device, or any part of the body, including a penis, if it is not known what object penetrated the opening. A foreign object, substance, instrument, or device includes any part of the body except a sexual organ.

III. Penalties

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If you are convicted of a violation of PC 288.7(a), you could be sentenced to State Prison for 25 years to life. If you are convicted of a violation of PC 288.7(b), you could be sentenced to State Prison for 15 years to life. For both offenses, you would also be required to serve 80% of that sentence in a State Prison, not a local county jail. You will also be required to register as a Sex Offender under the new Tier III system for 30 years. These charges would also run “full consecutive” to any additional charges you are convicted of. These are also considered serious and violent felonies under California Law, and you would also receive a Strike on your record under the Three Strikes Law. These offenses are extremely serious and could result in you spending the rest of your life in State Prison. What the above means, when it states something is 15 years to life or 25 years to life, means that only after you serve 25 years for the (a) count or 15 years for the (b) count, you would then be eligible to apply for parole. However, that is no guarantee, and unless you can show the Parole Board at your hearing that you have admitted your mistakes, feel remorse for what you did, and have changed your life, you very likely would be spending a much longer time than simply 15 or 25 years in State Prison.

IV. Common Defenses

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1. Statute of Limitations
2. Insufficient Evidence
3. Insanity
4. Intoxication
5. Violation of your Rights
6. False Accusations
7. Coerced Confessions

In addition to the common defenses of the child making a false accusation, a big issue here is the age of the alleged victim. Many times it is hard for a child to remember their age when they are so young as the charge requires. Many of my cases have been successful by showing that at the time of the offense, the child was not in fact under 10 years of age, and thus cannot be guilty of this charge. This fact can come out through a child’s misunderstanding or misremembering dates and times. What is helpful here, is that if it can be shown that the child was mistaken about the time this happened, it leads more people to believe maybe the child is also mistaken about this even happening to them at all. 

V. Call Today

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