Child Molestation Punishments in California
Child molestation cases are probably among the most serious sex crime cases filed by Los Angeles prosecutors, and most times, they're trying to seek prison for those individuals who get themselves arrested and prosecuted for these types of offenses.
The length of time in prison will depend on several factors. First, they'll examine the individual's behavior. What did they do? What were the circumstances? How long did they do it? Then, they'll examine the victim.
They're going to see how old the victim is. What impact did it have on the victim? The age difference between the victim and the defendant. So, there's a whole host of factors that they're looking at when deciding what to do.
And, of course, the legislature has also stepped in and put punishments for certain offenses. For example, you could be looking at a life sentence if the victim is young enough and also if the molestation is going on a long time — throughout a period — and there are multiple occasions of it.
This is a big hammer for the prosecutors. If they could get 15 to life, for example, or 25 to life, then the person is looking at never coming out of prison again.
Then, when they sit down and negotiate with that person and make an offer to settle the case, if it's not a life offer, the person has to seriously consider it because of the potential downside of going to trial and losing.
Different Types of Child Molestation Crimes
There are many different types of California child molestation crimes, and all carry serious penalties. Child molestation crimes include:
- Penal Code 288(a)– Lewd or Lascivious Acts with a Child Under the Age of 14
- Penal Code 288(b) – Lewd or Lascivious Acts with a Minor by Force or Fear
- Penal Code 288(c) – Lewd or Lascivious Acts with a Child Age 14 or 15
- Penal Code 647.6 – Annoying or Molesting a Child
- Penal Code 288a – Oral Copulation with a Minor
- Penal Code 288.4 – Soliciting a Minor for Lewd Purposes
- Penal Code 288.5 – Continuous Sexual Abuse of a Child
- Penal Code 288.7 – Sex with a Child Under the Age of 10
- Penal Code 290 – Sex Offender Registration
In my experience—I've been doing this for 25 years and handled a lot of these types of cases—prosecutors and judges look at what the defendant did, the impact on the victim, and the person's criminal record, and then they decide what they think the punishment should be.
Then, they can maneuver the charges around what they think the punishment should be. So, if they think the person should get 10 years for what they did, they will come up with charges and even enhancements and special allegations so that they can work out a deal where they offer the person 10 years if they agree to plead guilty to certain charges.
A lot of people don't totally understand this, but it makes sense if they think a certain amount of time is appropriate. Then, obviously, they will maneuver things to make that a reality. If the person doesn't take the 10 years, for example, and the person is looking at life, they will take the offer away. They will try to prosecute the person and get the highest possible sentence.
Sex Offender Registration – Penal Code 290
Punishment in sex crime cases has gone up significantly, and specifically in molestation cases where children are involved or young adults, the prosecutors show no mercy, and they've got the judges behind them when it comes to seeking harsh penalties for these types of offenses.
Also, sex registration is a big thing in these molestation cases because people who have children want to know who's living around them in their neighborhood so that they can protect their children.
That's the whole concept behind Megan's Law and the Megan's Law website is so that people know who the child molesters are and who the sex offenders are, and they can take the appropriate steps to protect their families.
So, this is another big punishment that is doled out, which is making the person plead guilty to a crime that causes them to register as a sex offender and also causes them to be put on the Megan's Law website so police and the public can track them can know who they are and where they are. This is another huge punishment in addition to many years in person that prosecutors can seek in molestation-related offenses.
High Bail and Significant Custody Time
So, your best bet if you're charged with a molestation case or you have a family member who's been taken into custody with a high bail and is looking at a lot of time in custody is to sit down with an attorney.
Could you give them all the accurate information you know about the case and then start to discuss with the attorney what possible punishments are if you have to plead guilty in the case because the prosecutor has the evidence against you?
That's another thing you want to discuss with the attorney — what evidence is really necessary in a child molestation case to prove the case, because then you can evaluate what punishment range the person falls in because you're looking at what they're going to be charged with.
You're looking at the potential time in custody of certain charges. You can't just generalize in molestation cases. You have to look at all these factors I'm mentioning and then talk to the attorney. You have to see who the judge is, the prosecutor, and where the courthouse is. It makes a big difference.
As I write this post, there are at least 25 courts in Los Angeles spread over a huge area, and some are more harsh on molestation cases than others. You can bet that all of them will be tough, punishment-wise.
But there are certain courts where you know that the head prosecutor there has micro-managed the molestation cases and is going to make sure that people get their punishments in these cases, even more harshly than the rest of Los Angeles County.
