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What is Child Abuse?
According to LACD, child abuse involves the maltreatment of a child by an adult or caregiver, causing physical, emotional, or psychological harm [1].
This global issue impacts millions of children and includes various forms:
- Physical Abuse: Intentional use of force causing injury, pain, or impairment (e.g., hitting, shaking, burning).
- Emotional Abuse: Behaviors harming emotional well-being, like criticism, rejection, or humiliation.
- Sexual Abuse: Any sexual activity with a child, including molestation, rape, or exploitation.
- Neglect: Failure to meet basic needs such as food, shelter, medical care, or emotional support.
- Child Labor: Exploiting children for work, depriving them of education and a normal childhood.
Child Molestation Sentences in California
In California, child molestation charges fall under various Penal Code sections [2]:
- Penal Code 288(a): Committing a lewd act against a child under 14 can result in up to 8 years in prison. For minors aged 14 or 15, if the perpetrator is at least 10 years older, the crime can be a felony or misdemeanor.
- Penal Code 288.5(a): Engaging in continuous sexual abuse involving three or more acts with a child under 14 over at least three months can lead to up to 16 years in prison.
- Penal Code 243.4: Sexual battery charges, applicable regardless of age, can be prosecuted as a felony or misdemeanor.
- Penal Code 647.6: Annoying or molesting a child under 18, driven by unusual sexual interest, can result in up to 1 year in county jail.
In order for prosecutors to secure a child molestation conviction, they must prove beyond a reasonable doubt that you willfully touched the child’s body, or that you willfully caused the child to touch your body, and your specific intent was to cause arousal or to gratify your own sexual desires or that of the child
Related offenses include oral copulation with a minor, continuous sexual abuse, lewd acts with force, statutory rape, and sodomy.
Can You Get Probation for Child Molestation?
According to WKL, how long child molesters go to jail for or whether or not they are even sentenced to jail time will depend. Some child molesters are placed on probation following a child molestation or child annoyance conviction [3].
Terms of Probation
Probation terms can include:
- Obeying all laws (except traffic infractions)
- Regular visits to a probation officer
- Performing community service
- Attending sexual addiction or rehabilitation programs
- Submitting to random drug tests
- Allowing random searches of person or home
Violation of probation terms can result in the maximum jail or prison sentence for child molestation.
Defenses to Child Molestation Charges
Defendants can counter child molestation charges by arguing lack of intent, or that the child does not meet the statutory age requirements. Misunderstandings or misinterpretations of a child’s statement can also lead to false accusations.
False Accusations
False allegations may arise from a child seeking revenge or a parent aiming to gain custody advantages. If proven false, the accusing parent might lose custody rights and face sanctions.
Procedural Defenses
Charges can be challenged if evidence was obtained unlawfully, such as through unconstitutional searches or coerced confessions. Suppressing improperly obtained evidence can weaken the prosecution’s case.
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If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.
References:
1. https://www.lacriminaldefenseattorney.com/sex-crimes/child-abuse/
2. https://www.cronisraelsandstark.com/child-molestation-penal-code-647-6
3. https://www.wklaw.com/child-molestation-punishment-california/
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