Legal Question in Criminal Law in California

Re: Evidence

288. (a) Any person who willfully and lewdly commits any lewd or

lascivious act, including any of the acts constituting other crimes

provided for in Part 1, upon or with the body, or any part or member

thereof, of a child who is under the age of 14 years, with the intent

of arousing, appealing to, or gratifying the lust, passions, or

sexual desires of that person or the child, is guilty of a felony and

shall be punished by imprisonment in the state prison for three,

six, or eight years.

(b) (1) Any person who commits an act described in subdivision (a)

by use of force, violence, duress, menace, or fear of immediate and

unlawful bodily injury on the victim or another person, is guilty of

a felony and shall be punished by imprisonment in the state prison

for three, six, or eight years.

(2) Any person who is a caretaker and commits an act described in

subdivision (a) upon a dependent person by use of force, violence,

duress, menace, or fear of immediate and unlawful bodily injury on

the victim or another person, with the intent described in

subdivision (a), is guilty of a felony and shall be punished by

imprisonment in the state prison for three, six, or eight years.

(c) (1) Any person who commits an act described in subdivision (a)

with the intent described in that subdivision, and the victim is a

child of 14 or 15 years, and that person is at least 10 years older

than the child, is guilty of a public offense and shall be punished

by imprisonment in the state prison for one, two, or three years, or

by imprisonment in a county jail for not more than one year. In

determining whether the person is at least 10 years older than the

child, the difference in age shall be measured from the birth date of

the person to the birth date of the child.

Re: Evidence

Taking the evidence is a felony. As to the others they could have problems with the law if they lie to the police. I do not believe that they have a duty to contact the police. Your case is at a crucial phase. The Preliminary Examination must be properly conducted to tie the police into their reports etc. If you don't have an attorney you should immediately retain an attorney to represent you.