Legal Question in Criminal Law in California

In the absence of "force, violence, duress, menace, or fear", can oral copulation between 2 children (both under 14) be prosecuted under California 288?


Asked on 6/19/13, 3:04 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Yes. The factors you list are not required for a conviction. They would make the crime more serious, though, and would support a longer sentence.

If the defendant is much younger than 14 the court might not be convinced beyond a reasonable doubt that he had the required intent "of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child[.]" That's a factual issue, and the court's finding would depend on the circumstances of the case.

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Answered on 6/19/13, 4:55 pm
Terry A. Nelson Nelson & Lawless

Yes. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible

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Answered on 6/20/13, 11:38 am
Anthony Roach Law Office of Anthony A. Roach

Yes, but the matter would be in juvenile court.

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Answered on 6/20/13, 4:15 pm


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