Crimes involving minors bear harsh punishments. Contacting a juvenile to commit a felony is a serious offense that is punishable under California PC 288.3. Most crimes that can result in this charge include sex crimes. The most effective way to protect your rights if you're accused of a crime involving a child is to get in touch with an experienced criminal defense lawyer. This article delves deep into what contacting a minor to commit a felony is in detail.
Understanding What Contacting a Minor to Commit a Felony Means
California law makes it illegal to communicate with a juvenile if you intend to commit any of the 15 listed felony crimes with a minor. Contrary to similar accusations, Section 288.3(a) renders it illegal to even attempt to make contact with an underage individual to engage in certain crimes. It also makes it illegal to make contact with someone you reasonably believe to be a minor.
According to California PC 288.3, all illegal communications are treated as attempts to commit the planned or intended felony crime. If you commit a crime that carries a specific fine or sentence, you could be held liable for the entire duration of the prison term and fine. You risk up to 3 years behind bars and a fine of ten thousand dollars if you're convicted of breaking this law.
Under California PC 288.3a, a second conviction for this kind of crime attracts a five-year prison sentence. You can also be punished for the underlying crime, which could end in prison sentences or fines because California PC 288.3a is a separate crime. Anyone found guilty of an offense under California PC 288.3a is required to register with California's sex offender registry.
Evidence That the Prosecutor Should Provide
According to California PC 288.3a, the prosecution should show the following to prove guilt for making contact with a minor to perpetrate a felony crime:
- You tried to get in touch with the child.
- You intended to use the minor to carry out a specific felony crime.
- You knew they were minors, or at least you should have realized that.
Let's take a closer look at all of these elements to better understand what they involve.
Contacted or Interacted with
The following encounters meet the requirements for "contact" or "communication" under California PEN 288.1:
- In-person contact.
- Mail communication.
- Any kind of communication that involves print, like "Missed Meetings" or a personal advert in a newspaper or magazine.
- Online or email-based contact.
- Using the phone for communication.
- Exchange of information using any kind of radio or a wired communication system.
Any form of interaction, whether indirect or direct, is regarded as communication or contact with a minor.
An Overview of A Minor
Minors are defined as individuals who are below 18 years old. It is against the law in California to make contact with, communicate with, or even try to get in touch with a minor. This is important since one common strategy to enforce this rule is through sting operations using undercover law enforcement officers who act as minors (often carried out online).
Therefore, a defendant often contacts someone they believed to be the minor rather than the minor themselves.
Knew or Should Have Known The Victim Was a Child
According to PC 288.3, you can't be held guilty unless you knew or reasonably should have known that the alleged "victim" was a minor. This means that you should not be held accountable for this behavior, for example, if the youngster explicitly said that they were over the age of 18 and you had no reason to assume otherwise.
This means that you should not be held responsible for the offense in question if the minor assured you that they were over the age of 18 years and had no reason to doubt them.
Underlying Crimes
You could be found guilty of contacting a minor with the intent to perpetrate a felony if the prosecution can prove that you were planning on committing one of the felonies mentioned under California PEN 288.3.
The underlying crimes include:
Rape
Rape is defined under California PEN 261 as the crime of participating in sexual relations or intercourse without the consent of the other individual. This could suggest:
- That it is carried out through the use of coercion, duress, violence, fraud, or threats.
- The victim's inability to give permission or consent (for example, due to excessive intoxication or mental or physical disabilities).
Child Pornography
The provisions of California PC 288.3 allows for criminal charges to be pursued for contacting a minor to commit acts of child pornography.
- California PC 311.1 and PC 311.2: Sending, transporting, creating, copying, or possessing material with the intent to distribute it.
- PC 311.4 forbids hiring, utilizing, coercing, or convincing a minor to participate in the production of child pornographic material.
- Under California PC 311.11, it is illegal to possess or have control of pornographic material involving minors.
Kidnapping
A person is considered to have been kidnapped under California law if they are moved beyond a considerable distance against their will and the laws without the authorization of the person being moved. The act of kidnapping can also be carried out without the use of threats of violence, physical violence, or actual acts of violence if the following conditions are met:
You have kidnapped an individual with the intent of committing a sexual crime against them, and the victim is a minor less than 14 years.
You enticed the victim to tag along with you by giving misleading statements or misrepresenting the situation to them.
Child Endangerment
Child endangerment is defined under PC 273a as the act of causing, permitting, or causing unwarranted physical injury or psychological trauma to a child.
Oral Copulation
According to PC 287, it is unlawful to carry out the following actions:
- The act of conducting oral sexual acts on another person without their permission is often known as "oral copulation through fear or intimidation".
- Oral sex on a child who has given their permission.
Illegal Sodomy Acts
A contravention of Penal Code 286 sodomy statutes includes:
- Forcing someone to engage in anal sexual acts (sodomy) without their consent.
- Having sodomy or anal sex with a minor.
- Lewd acts with a child under 14.
Penal Code 288 defines touching a minor for sexual purposes as a lewd act. This law only addresses lewd acts with a minor below 14 years.
The Use of a Foreign Object to Forcefully Perform a Sexual Act
Utilizing a foreign object to forcefully and sexually penetrate someone falls into two categories, according to California PC 289:
- Use of a foreign object for non-consensual sexual penetration that is done with violence, intimidation, physical force, or threats to the safety of the victim.
- Consensually penetrating an underage person.
Transmission of Harmful Materials to a Minor
California's law on sending detrimental material to a child to seduce them prohibits sending "obscene" information to any individual under the age of 18 old with the intent to sexually stimulate them or yourself, or to partake in sexual activity with them.
Consequences of a PC 288.3 Conviction
The consequences for making contact or talking with a minor with the intent to perpetrate a felony offense are the same as those for the actual offense you are charged with planning to perpetrate.
Typically, these are felonies. Penalties could consist of:
- Incarceration in a state prison.
- Felony/formal probation.
- Maximum fine of $10,000.
The severity of punishments is proportional to the severity of the underlying crime. Examples include:
- The offense of contacting or communicating with a child below 14 years with the intent of committing indecent acts on them, which carries a penalty of 3, 6, or 8 years behind bars.
- Communication with a minor to perpetrate forceful sodomy carries sentences of 7 to 13 years in prison.
- Additionally, if you have previously been convicted of infringing PC 288.3, any subsequent violations will result in a further and recurrent 5-year prison sentence.
- If you contact a minor intending to engage in consenting oral sexual activity with them, you could be sentenced anywhere from 16 months to 8 years in jail.
Registration Requirements for Sex Offenders
California's Sex Offender Registration Act (Penal Code 290) requires you to register if you've been found guilty of contacting or communicating with a child with intent to commit a felony. You'd be considered a tier 3 sex offender, which means you will have to be registered for a lifetime.
You can be required to register yourself as a tier 2 sexual offender, which entails an obligatory registration period of twenty years if you commit specific kinds of sexual offenses. Tier 1 sexual offenders must register for at least ten years. Sex offenders are required by the Sex Offender Registration Act in California to register with their local police department in the area where they are presently residing. This registration needs to be renewed:
- Within 5 business days after your birthday every year.
- Every time you move.
In addition to being charged with a felony according to Penal Code 288.3, the defendant will also be charged with a felony for failure to register themselves if they failed to keep up with the aforementioned registration terms. There are three potential penalties for this offense: sixteen months, two years, or three years in prison.
How a Defense Attorney Can Defend Against This Charge
In 2006, California voters enacted a bill that prohibited contacting or talking with minors to commit specific crimes. This law was included in Proposition 83, often called Jessica's Law or the Sexual Predator Punishment and Control Act.
Being accused of committing a sexual offense could be upsetting, and you should not attempt to deal with it on your own if at all possible. It can be quite beneficial to hire a capable defense lawyer who specializes in sex crimes. They can help you determine whether any of the following arguments could help your case:
You Were Unaware That the Person You Were Speaking to or Contacting Was a Child
To use this legal defense, your defense attorney would need to show that you had good grounds to assume the purported victim's age was above 18 years.
Arguments that could be used to back up one of these arguments include the following:
- The purported "victim" lied to you about their age.
- You encountered the purported victim at an event where children are not permitted, such as a music concert or an adults-only bar.
- The "purported victim" acted or appeared exceptionally mature.
You Did Not Intend to Commit the Underlying Offense
Maybe you interacted with or had contact with a minor and felt attracted to them sexually or romantically. Given your behavior, you could feel as though you violated the terms of California Penal Code 288.3. If the prosecutor cannot prove that the offender meant to carry out any sex offenses, they will not succeed in getting a guilty verdict for this offense.
regardless of whether the conversations featured sexually explicit content, simply knowing that you spoke with the child does not prove that you intended to commit the offense. Even if the meetup spot was set to be in a public area, the mere fact that you had planned to meet the child does not prove that you had malicious intentions.
You Were a Victim of Police Entrapment
This happens when an accused person submits to coercion by a police officer and perpetrates an offense they might not have perpetrated. An individual could become entrapped if police officers used any of the following:
- Fraud.
- Harassment.
- Coercion.
- Fleecing.
- Making threats.
- Flattery.
It is typical to be accused of making contact with a minor with the intent to commit a crime after being caught during a sting operation. Undercover law enforcement personnel could utilize the guise of children to aggressively flirt online with potential suspects.
If this happens to you, you could employ the entrapment defense to argue that you are not responsible for talking to a minor for illegal motives.
Offenses Related to a Penal Code 288.3 Charge
It's important to know about the following offenses if you've been convicted of making contact with a child with the intent to participate in a felony:
Statutory Rape Penal Code 261.5
According to Penal Code 261.5, having consensual intercourse with a child is considered statutory rape. It is important to note that statutory rape does not constitute one of the basic offenses that could lead to allegations of contacting or communicating with a minor to commit a felony.
As a result, proving that you merely wanted to have consenting sexual relations with the minor might serve as evidence in court to refute Penal Code 288.4 charges. That would mean you are innocent of that charge.
The penalties for an alleged statutory rape are less severe than those for making contact with a minor to perpetrate a felony. The former act could be considered a wobbler or misdemeanor based on how old you and the victim are.
Making Plans to Meet With a Minor to Perpetrate Lewd Acts
Penal Code 288.3's provisions are very comparable to the offense of "planning a meet up with an underage person to commit lewd acts." The legislation, which was passed at the same time as Penal Code 288.3, considers the following illegal:
- Being driven by an unnatural or unhealthy sexual attraction in children.
- Planning to meet up with a child.
- Participate in obscene acts with an underage person during the meeting.
- To reveal one's own or a minor's private parts.
If you make plans for meeting with a minor for sexual purposes, such as having a sexual conversation with a minor to perpetrate a felony, you can be charged with attempting to commit a felony even though you never actually engage in the sexual conduct with the minor. It's illegal to arrange a meet-up with a minor to engage in indecent behavior. The maximum punishment for this crime is a year in county jail as well as a $5,000 fine.
However, if any of the following occur, Penal Code 288.4 is enhanced to a felony and carries a maximum sentence of four years:
- If you have been convicted of a sex crime in the past and you must register as a sex offender.
- You appear at the meeting you had set up with a minor.
In many cases, it may be preferable to arrange a lewd meeting with a minor than "contacting an underage person to commit a felony." This may be the best course of action given that the latter violation is subject to prosecution only as a misdemeanor offense and carries a lesser penalty. It's critical to keep in mind that scheduling a meet-up with a minor to engage in indecent behavior calls for registration as a sexual offender.
Find a Los Angeles Defense Attorney Near Me
If you are facing allegations of contacting or communicating with a minor with the intent to perpetrate a felony, you need to immediately retain the services of an experienced criminal defense attorney who is both skilled and well-versed in the field. We at The Los Angeles Criminal Defense Attorney have a track record of effectively defending clients against sex crime allegations. We will work tirelessly to find a satisfactory solution to your problem. Call us today at 310-564-2605 for a free no obligation consultation.
