Any crime involving a minor (someone under eighteen) carries grave penalties that can continue to impact your life long after your sentence is complete. Contacting a minor to commit a felony is one of those offenses. Penal Code (PC) 288.3 defines the offense of contacting a minor with the intent to commit specific felony offenses, particularly sexual or exploitative crimes.

Consulting with a seasoned defense attorney should be your first step if you are under investigation or charged with a PC 288.3 violation. An attorney's early intervention in your case can mean the difference between a conviction, dismissal of your charges, or securing a lighter sentence.

An Overview of PC 288.3

According to PC 288.3, it is illegal to communicate with or contact a person you know or reasonably should know or presume to be a minor with the criminal intent to commit a felony offense. To secure a PC 288.3 conviction against you, the prosecutor must prove that you contacted or communicated with a person under 18, and you had the intent to commit a sex offense or any other grave felony involving the minor.

The main purpose of the enactment of this law is to help law enforcement officers catch sexual predators before they commit a crime, often by posing as minors online to catch suspects during sting operations.

Elements of the Crime in a 288.3 Charge

When the alleged 288.3 violation reaches the trial phase of the criminal court process, the prosecutor will bear the burden of proving certain facts, also known as “elements of the crime,” beyond a reasonable doubt to secure a conviction against you. These include:

  • You indirectly or directly contacted or communicated with a minor or attempted to do so

  • You had the criminal intent to commit a specific offense involving the minor

  • You were aware or should have realized the person was underage or a minor

In most cases, law enforcement officers will conduct sting or undercover operations (usually on the internet by posing as minors) to catch perpetrators of this offense. In these cases, the officers will provide the prosecutor with messages or chats showing your communication with him/her while thinking she is a minor. Here is a detailed explanation of crucial terms in the above elements of the crime:

Contacted or Communicated With

According to PC 288.3, any of the following types of interaction could qualify as “contact” or “communication”:

  • Communication through email

  • Communication over the phone

  • In-person contact

  • Communication using wire communication systems or radio

Generally speaking, PC 288.3 criminalizes any type of communication or contact with a minor, whether indirect or direct, with the intent to commit an offense.

A Minor

A minor is anyone under the age of 18. PC 288.3 makes it illegal to contact or communicate with a minor or attempt to do so. Proving you were aware the person you were communicating with was a minor is a crucial element of the crime because one of the ways of enforcing this law is through undercover or sting operations where law enforcement officers pose as minors online.

Therefore, in many instances, you did not communicate with a minor. Instead, you communicated with a law enforcement officer whom you presumed to be a minor.

Knew or Ought to Have Recognized the Person Was a Minor

To secure a conviction against you under PC 288.3, the prosecutor must prove that you recognized or should have recognized the person you contacted or communicated with was a minor. That means if the person (victim) informed you that he/she is above eighteen years and you had no reason to believe otherwise, the court will not convict you for a PC 288.3 violation.

Common Underlying Crimes for a PC 288.3 Charge

To secure a PC 288.3 violation conviction against you, the prosecutor must prove you contacted or communicated with a minor with the criminal intent to commit certain felony crimes, including (but not limited to) the following:

Kidnapping

According to PC 207, you commit a kidnapping offense when you move a person from one place to another, regardless of the distance, without his/her consent using fear or force. However, it is also possible to commit a kidnapping offense without using fear or force if:

  • The victim is below fourteen years old

  • You used misrepresentation or false promises to lure the person (victim) to follow you

  • You kidnapped the victim with the intent to commit a sex offense against him/her

Child Pornography

The possible underlying offense to support your charges under PC 288.3 could be any of the following child pornography offenses:

  • Controlling or possession of child pornographic materials under PC 311.11

  • Employing, using, hiring, coercing, or persuading a minor to be a cast member in any child pornographic content

  • Producing, sending, transporting, duplicating, or possessing child pornographic material with the intent of distributing it

Rape

You commit a rape offense when you engage in non-consensual sexual intercourse with another person using duress, threats, force, violence, or fraud. You could also be guilty of a rape offense if the victim were incapable of consent. For example, if the victim was under the influence or had a physical or mental disability.

Child Endangerment

PC 273a defines the offense of child endangerment as intentionally permitting, inflicting, or causing a minor to endure unjustifiable mental suffering or physical pain. Placing a minor in a threatening situation is a crime under this statute, even if he/she did not suffer any mental or physical pain.

Oral Copulation

PC 287 makes it unlawful to engage in or perform oral copulation with a minor, even if the act was consensual. Oral copulation in this case means the contact between your genitals (breast, anus, penis, or vagina) and the mouth of a minor.

As a stand-alone offense, the penalties you will face after a PC 287 violation conviction depend on the facts and circumstances of your unique case. For example, if the minor was under 14 and you applied force or fear, your case will be a felony carrying eight, ten, or twelve years of jail time after a conviction under PC 287(c)(2)(B).

Sodomy

You commit a sodomy offense under PC 286 when you engage in non-consensual anal intercourse with someone using force or fear or engage in anal sex (sodomy) with a minor.

Lewd or Lascivious Acts With a Minor Under 14

Also known as child molestation, committing lascivious acts with a minor under 14 is unlawful under PC 288. Specifically, PC 288 makes it illegal to touch a child under the age of fourteen on his/her body with the criminal intent of achieving sexual arousal or gratification.

Potential Sentence for a PC 288.3 Violation Conviction

When the prosecutor secures a PC 288.3 violation conviction against you, you will receive penalties similar to the sentence you would receive for the underlying crime. In many cases, these offenses are felonies, meaning the penalties you will face are grave, including:

  • A fine amounting to up to $10,000

  • felony (formal) probation

  • Incarceration in the state prison

For example, if the underlying offense is rape under PC 261, your sentence could include up to eight (8) years of incarceration. It is also worth noting that if you are a repeat offender with a PC 288.3 violation conviction on your record, the subsequent conviction will attract a sentence enhancement.

In this case, you will face an additional and consecutive five (5) years of jail time on top of the incarceration period for the underlying offense. Therefore, if the underlying offense is rape, you will serve up to thirteen (13) years behind bars.

Collateral Consequences Associated With a PC 288.3 Violation Conviction

In addition to the jail time and hefty fines, a PC 288.3 violation conviction will also carry other collateral consequences, such as:

Inclusion in the Sex Offender Registry

A PC 288.3 violation conviction will require you to register as a sex offender under PC 290. Registration means you must re-register with law enforcement officers annually within five (5) days of your birthday or five (5) days of relocating to a new residence. Failure to comply with your registration requirements under PC 290 is also a crime that could attract up to three years of jail time.

Challenges Securing Reliable Employment

Since a PC 288.3 violation conviction will show during background checks by your prospective employer, securing reliable employment could be challenging. That is particularly true if the job you are applying for involves working around minors.

Suspension or Revocation of Professional Licenses

After a PC 288.3 violation conviction, the court will inform your licensing agency about the offense. When that happens, your licensing agency will hold a disciplinary hearing before an administrative law judge (ALJ), which could lead to suspending or revoking your professional license. That is particularly true if the underlying offense is significantly related to your duties and qualifications.

Loss of Your Firearm Rights

After a conviction for any felony offense, you will lose your firearm rights. According to PC 29800, it is unlawful for a felon to own, carry, purchase, or receive a firearm. A conviction under this statute could attract up to three (3) years of jail time.

Deportation if You are a Non-Citizen

Since a PC 288.3 violation qualifies as a crime involving moral turpitude, a conviction could lead to deportation to your home country if you are an alien. Being deported to your home country can significantly affect your life, especially if you are a student or have a business or family here.

Legal Defenses Your Attorney Can Use to Challenge a PC 288.3 Charge

Depending on the circumstances and facts of your unique case, your attorney can apply any of the following legal defenses to challenge a PC 288.3 charge:

You are a Victim of Police Entrapment

A PC 288.3 charge is a crime ripe for police entrapment, which is unlawful. When an overbearing police officer coerces you into doing something illegal that you otherwise would not have done, this is known as police entrapment. Some of the ways entrapment cases occur are when a police officer talks you into committing or doing an unlawful act through:

  • Fraud

  • Harassment

  • Threats

  • Flattery

  • Pressure

The court could drop your charges as long as your criminal defense attorney proves with clear evidence that you would not have committed the offense if it were not for the officer's threats, harassment, or pressure.

You Were Unaware the Person Was a Minor

Presenting evidence to prove that you reasonably believed the person was an adult could work in your favor to secure a dismissal of your charge or a lighter sentence. For example, your attorney could argue that:

  • You were misled about the person’s age and reasonably believed they were an adult

  • You met him/her in a location you do not expect to find minors, including a bar restricted to individuals over 21

  • The person acted or “looked” mature

You Had No Criminal Intent to Commit the Underlying Crime

While you communicated with or contacted a minor, it does not necessarily mean you had the criminal intent to commit the underlying crime. If your attorney can prove that your communication with the minor was misinterpreted, the court could dismiss or reduce your charges to a lighter offense.

It is worth noting that, if the prosecutor lacks sufficient evidence to secure a conviction against you under PC 288.3, he/she could file a closely related offense against you, such as:

  1. Statutory rape under PC 261.5

  2. Indecent exposure under PC 314

  3. Sexual battery under PC 243.4

Find a Los Angeles Criminal Defense Attorney Near Me

Working with a skilled criminal defense attorney is key if you are under investigation or arrest as a suspect in any crime involving a minor, including a PC 288.3 case. The sooner you contact a criminal defense attorney, the better to begin the investigation of your case without delay.

At the Law Office of Sara L. Caplan, we comprehend how stressful and confusing it can be to find yourself behind bars as a suspect in a PC 288.3 case. Once you contact us, we will work with you to prepare the best legal defenses to help you secure the best possible outcome. Call us at 310-550-5877 to discuss your unique case details with us today, wherever you are in Los Angeles.