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  1. #1
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    Default Sentencing Guidelines for Lewd and Lascivious Acts

    My question involves criminal law for the state of: California

    In California, what are the sentencing guidelines for a conviction on the charge of "lewd and lascivious acts with a child under the age of 14?" Is there anywhere online that lists sentencing guidelines in California? Googling is of little help.

    Thanks!

  2. #2
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    Default Re: Sentencing Guidelines for Lewd and Lascivious Acts

    It appears that you can download a copy of the sentencing guidelines here.

  3. #3
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    Default Re: Sentencing Guidelines for Lewd and Lascivious Acts

    Quote Quoting cyanocorax
    View Post
    My question involves criminal law for the state of: California

    In California, what are the sentencing guidelines for a conviction on the charge of "lewd and lascivious acts with a child under the age of 14?" Is there anywhere online that lists sentencing guidelines in California? Googling is of little help.

    Thanks!
    What code section has he been charged with?

    If PC 288(a) alone , he could face up to 8 years in prison.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  4. #4
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    Default Re: Sentencing Guidelines for Lewd and Lascivious Acts

    Quote Quoting cdwjava
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    What code section has he been charged with?

    If PC 288(a) alone , he could face up to 8 years in prison.

    - Carl
    I do believe it is 288(a)... I looked up the statute and it reads:
    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.


    288.1. Any person convicted of committing any lewd or lascivious
    act including any of the acts constituting other crimes provided for
    in Part 1 of this code upon or with the body, or any part or member
    thereof, of a child under the age of 14 years shall not have his or
    her sentence suspended until the court obtains a report from a
    reputable psychiatrist, from a reputable psychologist who meets the
    standards set forth in Section 1027, as to the mental condition of
    that person.
    ( http://leginfo.ca.gov/cgi-bin/waisga...ction=retrieve )

    What confuses me are the different sentences ("three,
    six, or eight years"), and no information on how judges are to choose which sentence to give.

    Also, with 288.1, am I to read this as meaning that someone could have their entire sentence suspended if a psychologist reports on their mental condition?

    I suspect this was some sort of a plea bargain in which the prosecutor promised the person a light or suspended sentence in exchange for pleading. Is it possible the perpetrator could get no jail time and only probation if he gets a psychological report?

    Quote Quoting Mr. Knowitall
    View Post
    It appears that you can download a copy of the sentencing guidelines here.
    That appears to be only for misdemeanors, and it doesn't list the Section 288 offense (lewd and lascivious acts against a child under 14)...

  5. #5
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    Default Re: Sentencing Guidelines for Lewd and Lascivious Acts

    Much is left to the judge's discretion unless there are local court rules that cover the issue. Those three terms are the three options for the court to apply.

    Without knowing the details, criminal history, etc., there is no way to provide a detailed answer.


    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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