Sex With A Child

Sex with a Child Under 10 Years - Penal Code 288.7 PC

California law imposes especially severe penalties for sexual acts involving minors—particularly if the child is under 10 years old.  According to Penal Code 288.7 PC, it is a felony to engage in sexual intercourse, penetration, sodomy, or oral copulation with any child ten years old or younger.

If you're convicted of this crime, you could face up to life imprisonment; even if you spend less time in prison, you'll have to register for life as a sex offender.

PC 288.7 says, "(a) Any person 18 years of age or older who engages in sexual intercourse or sodomy with a child who is 10 years of age or younger is guilty of a felony and shall be punished by imprisonment in the state prison for a term of 25 years to life."

Subsection 288.7(b) says, "Any person 18 years of age or older who engages in oral copulation or sexual penetration, as defined in Section 289, with a child who is 10 years of age or younger is guilty of a felony and shall be punished by imprisonment in the state prison for a term of 15 years to life."

Key Takeaways 

• The threshold age for child victims under this law is up to their 10th birthday. Specifically, "10 years of age or younger" means children who have not yet turned 10. If the child is older, different regulations apply.
• Consent cannot serve as a defense under this law. In California, children under 18 are considered minors.
• Prosecutors are not required to demonstrate criminal or malicious intent for this crime. They only need to present evidence that the sexual act took place.

What Must Be Proven to Convict?

To be convicted of violating PC 288.7, the prosecution must show that you engaged in sexual intercourse, sodomy, oral copulation, or sexual penetration with a child who was ten years old or younger, and that you were over 18 at the time.

As noted, sex with a child ten or younger is considered a "strict liability" offense, meaning the prosecutor doesn't need to prove malicious intent. Simply committing the act is enough for a conviction.

Furthermore, this sex crime involves either an adult performing a sex act on a child or causing the child to perform a prohibited sex act on themselves, on someone else, or on the adult. 

Types of Sexual Acts

California law includes many statutes criminalizing different sexual acts involving minors. Still, PC 288.7 specifically addresses certain sex offenses where the perpetrator is at least 18 years old and the victim is ten or younger. The prohibited sex acts include:

• Sexual intercourse includes acts like vaginal or genital penetration by the penis.
• Sexual penetration, including vaginal or genital penetration with an object.
• Sodomy, including anal penetration with the penis.
• Oral copulation involves contact with the genitalia or anus using the mouth.

What Are the Associated Sex Offenses?

Several California laws pertain to Penal Code 288.7 PC, which criminalizes sex with a minor under 10, including the following:

• Penal Code 288 PC - lewd acts on a minor
• Penal Code 288.2 PC - send harmful matter to a minor
• Penal Code 288.3 PC - contact a minor to commit a felony
• Penal Code 288.4 PC - arrange a meeting with a minor
• Penal Code 288.5 PC - continuous sexual abuse of a child
• Penal Code 287 PC - oral copulation with a minor
• Penal Code 261.5 PC - statutory rape
• Penal Code 647.6 PC - annoying or molesting a child

What Are the Penalties Under PC 288.7?

PC 288.7 imposes some of the harshest penalties in California law, often leading to lengthy prison sentences. For instance, a conviction for this offense typically results in the following penalties in California:

• For offenses involving oral copulation or sexual penetration: 15 years to life imprisonment.
• For crimes involving sexual intercourse or sodomy: imprisonment ranges from 25 years to life.

In some cases, defendants can qualify for parole after serving their minimum sentence, which is 15 or 25 years. However, their release depends on a favorable decision from the California Parole Board.

Sex Offender Registration

In California, engaging in sex with a child under ten is classified as a Tier 3 sex crime on the Sex Offender Registry. Consequently, if convicted, serve prison time, and are released, you will be required to register as a sex offender for life.

This requires you to register with the local police upon release and to re-register annually, as well as each time you move. Additionally, there will be restrictions on your living and working locations.

What Are the Defenses You Can Use?

Despite how serious this crime is, you might be able to use certain defense tactics if accused of violating PC 288.7. These are explained below.

We might argue that no sexual contact occurred. It is not a crime to have non-sexual physical contact with a child. For instance, if you were bathing a child and touched their genitals, it does not necessarily imply a sexual intent or purpose.

You might argue that the child was over ten years old. While this defense may not eliminate all sex crime charges, it could help you avoid a long-term or life sentence if you can prove the victim had already turned 10 at the time of the alleged incident.

We might argue that the allegations are unfounded. The accuser could be lying or mistaken. It's possible that an adult with ulterior motives coached the child. Alternatively, the child might have been upset about discipline and made false accusations.

We might negotiate with the prosecutor for lower charges or persuade them not to pursue formal charges initially (DA rejects). You can reach out to our California criminal defense attorneys for a case review by phone or via the contact form. The Hedding Law Firm is located in Los Angeles, CA.