19 Jan 23
Crimes that involve minors carry severe penalties. Contacting a minor with the intent to perpetrate a felony is a crime punishable under Section 288.3 of the California Penal Code. The majority of the offenses that can lead to this charge are sexual offenses. If you are facing charges involving a minor, you need to contact a seasoned criminal defense attorney as soon as possible.
What Does It Mean to Contact a Minor to Commit a Felony?
California law prohibits communicating with a child if the perpetrator has the specific intent to conduct any of the fifteen stated felonies with the youngster.
Contrary to similar charges, Section 288.3(a) makes contacting someone you reasonably presume to be a child illegal and even considers it unlawful to even try to contact a child to conduct certain felonies.
All unlawful communications are punished under California Penal Code 288.3 as efforts to conduct the intended or planned felony. If you perpetrate a crime for which there is a specified sentence or fine, you will be held accountable for the full term of imprisonment and fine. If you are found guilty of violating this penal code, you face a maximum of three years imprisonment and a $10,000 fine.
A second conviction for this offense carries an enhanced penalty of five years imprisonment under California Penal Code section 288.3(a). Since California Penal Code 288.3(a) constitutes a separate offense, you will also be subject to punishment for that underlying offense, which may include a prison term or fines. Any person convicted of a crime under Section 288.3(a) of the California Penal Code must register as a Sex Offender.
Evidence the Prosecution Must Present
In summary, the prosecuting attorney must demonstrate the following to establish guilt for contacting a minor to commit a felony under California Penal Code 288.3(a):
- You made an effort to contact a child
- You meant to commit a specified felony with that minor
- You were aware—or ought to have known—that he or she was a minor
- To further comprehend what the above elements entail, let’s look at them in more detail.
Communicated or Made Contact With
Under PC 288.1, the following interactions qualify as “communication” or “contact”:
- In-person contact
- communication through mail
- Any print-based method of communication, for example, “Missed Encounters” or a personal advertisement in a magazine or newspaper
- Contact made online or via email
- Communication by phone
- Communication using any type of radio or wire communications system
Any kind of contact or communication, whether direct or indirect, with a minor, is considered to be contact or communication with the minor.
A Minor
Anyone under the age of eighteen (18) is considered a minor. Contacting or communicating with a juvenile, or even attempting to do so, is illegal in California under PC 288.3.
This is crucial since sting operations with undercover cops who pose as minors (often conducted online) are a common method of enforcing this law.
Therefore, in many instances, a defendant does not contact a minor, but rather with somebody they thought was a minor.
Knew or Ought to Have Been Aware That They Were a Minor
PC 288.3 states that you cannot be found guilty except if you either were aware or should have been aware that the purported “victim” was a child. This indicates that, for instance, if the child clearly said that they weren’t under the age of 18 and you had no cause to suspect otherwise, you shouldn’t be charged for this act.
Underlying Offenses
If the prosecutor can show that you planned to perpetrate one of the crimes listed under California PC 288.3, then you would be convicted of contacting the minor with the purpose of committing a felony.
The underlying offenses include:
Kidnapping
In California, kidnapping is defined as the forcible and unlawful transportation of another individual across a significant distance without the victim’s permission. Kidnapping could also be done without resorting to physical violence or threats of violence or physical harm if:
- You’re kidnapping another person to conduct a sex offense against him or her
- your victim is below the age of fourteen (14)
- you employ misrepresentations or false promises to get your victim to come along with you
Rape
PC 261 defines Rape as the act of engaging in sexual activity without the other party’s permission.
This could indicate:
- That it’s perpetrated using violence, force, duress, threats, or fraud
- The victim’s incapacity to give consent (for instance, since they’re too inebriated or have physical or mental disabilities)
Child Endangerment
Cause, permit, or inflicting unjustified physical harm or emotional distress on a minor is considered child endangerment under Penal Code 273a.
Unlawful Sodomy Acts
A violation of California’s sodomy laws, PC 286, includes:
- Force somebody to perform anal sex (sodomy) against their will, or
- Engage in anal sex or sodomy with a child
- A lewd act with a minor under the age of 14
Lewd acts that involve a child are defined under PC 288 as touching a child on the body for sexual reasons. This statute solely covers lewd behavior done with a child under the age of 14.
Oral Copulation
It is against the law to do either of the following, according to California PEN 287:
- The practice of performing oral sex on someone without their consent (also referred to as “oral copulation using fear or force”); or
- Oral sexual activity with a minor where they have given their consent
Sending Harmful Materials to a Child
Sending “obscene” material to anybody under 18 years with the purpose of sexually stimulating yourself or the receiver, along to indulge in sexual acts with them is illegal under California’s “harmful material transmitted to seduce a minor” law.
The Use of a Foreign Object to Forcefully Perform a Sexual Act
California PEN 289 PC, forcible sexual penetration using a foreign item falls under one of two categories:
- Non Consensual penetration using a foreign item, perpetrated using violence, physical force, threats, fear, or d to the victim’s safety
- Consensual penetration of a minor below 18
Child Pornography
Possible child pornography acts in California that could form the basis of PC 288.3 contacting a kid with intent to conduct felony charges include:
- California PEN 311.1 & 311.2: transporting, Sending, producing, duplicating, or having in one’s possession with the aim of distributing it
- PEN 311.4 prohibits engaging a minor in the creation of child porn by hiring, using, coercing, or persuading them
- Possession or control of child pornography is punishable under PEN 311.11
Consequences of a Conviction Under Penal Code 288.3
The penalties for contacting or communicating with a person under 18 with the aim of committing a felony are similar to the penalties for the underlying act you are accused of intending to commit.
These are typically felonies. Penalties could include:
- Formal or felony probation
- Serve time in state prison
- Fines of not more than $10,000
Sentences are dependent on the nature of the original offense. Examples include:
- Penalties for communicating with a juvenile with the intention of engaging in forcible sodomy ranges from seven to thirteen years behind bars.
- For communicating with or contacting a child with the aim of perpetrating lewd acts on a minor under 14, the penalty is three, six, or eight years in prison.
- You could go to jail for anywhere between sixteen months to eight years if you make contact with a juvenile with the intention of engaging in consensual oral sexual activities with them.
- Additionally, if you had formerly been found guilty of violating PEN 288.3, the possible potential prison term will be extended by an extra and consecutive 5 years for any subsequent violation.
Registration Requirement for Sex Offenders
If you have been convicted of communicating with or contacting a minor with the intention of committing a felony, you would be mandated to register under the state’s Sex Offender Registration Act (PC 290). Generally, you would be categorized as a tier three sex offender, which mandates registration for the rest of your life.
In some instances, you could be obligated to register as a tier two sex offender, which carries a minimum registration term of 20 years. Tier one sex offenders are required to register for a minimum of 10 years. Under the California Sex Offender Registration Act, sex offenders should register with the local police in the jurisdiction where they currently reside. It is necessary to renew this registration:
- Each year, within five working days of your birthdate
- Each time you relocate
After being convicted of a felony under PC 288.3, you would also be found guilty of a felony charge for failing to register as a sex offender” if you don’t comply with these registration conditions. This offense could result in a 16-month, 2-year, or 3-year prison term.
How a Defense Attorney Can Defend Against This Charge
California voters approved a law prohibiting communicating with or contacting a minor to commit certain offenses in 2006. It was a provision of Proposition 83, commonly known as the Sexual Predator Punishment and Control Act.
Being charged with a sex crime can be a traumatic experience, and you shouldn’t attempt to handle it alone. A competent defense attorney specialized in the field of sex crimes can be of great assistance. They can assist you in determining whether the following legal defenses can apply to your case:
You Had No Intention of Committing the Underlying Offense
Perhaps you communicated with or contacted a juvenile, and had sexual or romantic feelings toward them. You might believe that you have infringed the provisions of California PC 288.3 in light of your action. The prosecution would not secure a conviction for “contacting a minor with the intention to commit a felony” unless they can show that the defendant intended to perpetrate one of the specified sex crimes.
Even if there was explicit sexual content in your conversations, the fact that you had contact with the juvenile doesn’t necessarily demonstrate your intention to perpetrate the crime. The fact that you made plans to meet with the minor doesn’t indicate that you did so with criminal intent, especially if the meeting point was scheduled to be at a public place.
You Had No Idea the Individual You Were Conversing With or Contacting Was a Minor
If there’s proof that you truly and reasonably believed the “alleged victim” was over the age of 18, then you and your defense lawyer could raise this legal argument.
Some examples of arguments that could support such an argument include:
- The alleged “victim” misrepresented their age to you
- You met the alleged victim in an environment where minors are not allowed, for example, a concert or a bar reserved for adults
- The ” alleged victim” behaved or seemed unusually mature.
You Fell Prey to Police Entrapment
Police entrapment comes into play when a defendant gives in to a law enforcement officer’s coercion and commits a crime they would otherwise not have committed. Entrapment could occur when police officers influence an individual to carry out a certain action through:
- Coercion
- Fraud
- Harassment
- Fleecing
- Making threats
- Flattery
After getting caught in an undercover sting operation, it is normal to face charges of contacting a juvenile with the intention of committing a felony. Undercover police officers can pose as juveniles to engage in aggressive internet flirtation with potential targets.
If this occurs to you, the entrapment argument can be used to claim that you’re not liable for conversing with a juvenile for criminal purposes.
Offenses Related to PC 288.3 Violation
If you’re convicted of contacting a minor with the intention to engage in a felony, you should be cognizant of the following related crimes:
Arranging to Meet With a Juvenile for Lewd Intentions
Provisions of PC 288.3 is quite similar to the crime of “arranging a meeting with a juvenile for lewd intentions.” This law, which was enacted concurrently with PC 288.3, declares it illegal to:
- Set up a meeting with a juvenile
- While driven by an abnormal or unnatural sexual interest in minors
- To expose you or the juvenile’s genital area
- Take part in lewd activities with a minor, at their meeting
Arranging to meet with a juvenile for lewd reasons, like speaking with a juvenile with the intention of committing a felony, is classified as an attempted crime that can be tried in court even if you never perpetrate the sexual activity with a kid.
Setting up a meeting with a juvenile for lewd intentions is classified as a misdemeanor crime. This offense carries a maximum sentence of one year in jail and a hefty fine of $5,000.
However, PC 288.4 is elevated to a felony with a four-year maximum term of imprisonment if:
- You are obligated to register as a sex offender due to a previous conviction for a sex crime
- You show up for the meeting with a juvenile
Arranging to meet a child for lewd reasons as an alternative to “contacting a juvenile with the intention to commit a felony could be an option in many circumstances.
This could be a preferable strategy since the latter offense can only be charged as a misdemeanor crime and has less severe penalties. It’s vital to remember that setting up a meeting with a juvenile for lewd intentions necessitates registering as a sex offender.
Statutory Rape (PC 261.5)
Consensual sexual contact with a juvenile constitutes the crime of “statutory rape,” according to California PC 261.5. Statutory rape is notable in that it does not fall under the category of underlying offenses that would justify charges of making contact or conversing with a juvenile to perpetrate a felony.
Therefore, the fact that your intention was only to have consensual sexual contact with the juvenile could be used as a legal argument against PC 288.4 allegations. This would imply that you’re not guilty of that offense.
The consequences for attempted statutory rape would be less significant than those for engaging a juvenile to commit a felony. The former offense can be charged as a misdemeanor crime or a wobbler depending on your age and the alleged victim’s.
Frequently Asked Questions About Contacting a Minor to Commit a Felony
Below are some of the most frequently asked questions about a PC 288.4 violation.
Can I be Found Guilty If the Juvenile Lied About Their Age?
You could be found guilty of this offense if you genuinely knew or had a good reason to believe that the victim was under the age of 18. This implies that even if the juvenile gave false details about their age but appeared to be less than 18 to a reasonable individual, you can still be found guilty of this offense.
What If the Juvenile Approached Me First With Plans to Engage in Sexual Activity?
A minor isn’t allowed to agree to any sexual contact in California since the state’s legal system views them as lacking the mental capacity to comprehend the implications of their actions. Therefore, the fact that a minor approached you initially is not a valid justification for the crime.
Find a Van Nuys Criminal Defense Attorney Near Me
If you are facing charges of communicating with or contacting a juvenile with the intention to commit a felony, you should immediately engage a competent and experienced criminal defense lawyer. At Leah Legal in Van Nuys, we have a track record of successfully defending clients against these allegations. We will put out the utmost effort to resolve your matter in the best way possible. Call us right away at 818-484-1100 for a free consultation with no commitment.
