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Child Molestation

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Mark Broughton > Sex Crimes > Child Sex Crimes > Child Molestation

What is Child Molestation?

Child Molestation is illegal under California Penal Code 288. These acts could be anything indecent or of a sexual nature. If someone is charged with child molestation it can also be known as lewd or lascivious acts with a minor.
In order to be guilty of this crime, the following have to be proven beyond a reasonable doubt:

  • You willfully touched any part of a minor’s body
  • You did so with the intent to cause arousal for you or the minor
  • The minor was under the age of 14 at the time

Child Molestation by Force or Fear

If force or fear were used to accomplish a lewd act on a minor then it heeds greater penalties. Force or fear can refer to:

  • Force
  • Violence
  • Duress
  • Menace
  • Threats that cause fear of immediate bodily injury to the minor or someone else


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Penalties for Child Molestation

This crime is always a felony, but the penalties vary based on the following:

  • The minor’s age
  • Whether or not force or threats were used
  • The defendant’s criminal history
child molestation

Legal Defenses for Child Molestation

The minor has to be a credible witness and if not, it can be used as a defense strategy. If the minor has lied in the past about false accusations or evidence is found that they already don’t like the person they’re are accusing, then the case could be dismissed.

A minor could be touched inappropriately but not know the identity of the person who did it. This could lead to a mistaken identity.

In order to guilty of this crime, it has to be done willfully. It could be that the defendant accidentally touched a minor and was then accused of child molestation.

The defendant can’t be guilty if he or she did not intend to sexually arouse or gratify him or herself or the minor.

Have you been legally accused of committing child molestation? If you have been arrested or charged with a crime, it is essential to obtain legal council for help. It’s important to take your charges seriously. Don’t just hope for the best. Hire an attorney who understands your situation and the consequences you face.

Get Legal Help Today.
Phone: 559-691-6222

Your Defense Attorney for Child Molestation Charges

I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Sex Crimes Involving Minors such as Rape, Kidnapping, and Child Molestation to name a few.

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