According to California Penal Code Section 288.3 (PC-288.3) it is illegal to contact, communicate with, or attempt to contact or communicate with a person, while knowing that person is a minor, with intention to commit any of the following offenses:
Prosecutor must prove the following elements for convicting the defendant of Penal Code 288.3
A minor is a person under the age of 18.
For purposes of California PC Section 288.3, contacting or communication with minor can be direct or indirect. Defendant can personally contact with the minor or through any print medium, through the mail, by postal service or common carrier, through email or the internet and other means of communication.
Under California law it is a crime either to contact or communicate or to attempt to contact or communicate with a minor. This means that crime is considered committed merely by sending the communication, regardless of whether the minor receives or responds to that communication.
No intention to commit a crime
Defendant should not be convicted under PC Section 288.3 unless the prosecutor can prove that he actually had intention to commit one of the mentioned above sex crimes.
Defendant reasonably believed that the person was not a minor
In case the defendant can prove that he actually and reasonably believed the person he contacted with was over 18 years this could be a valid legal defense. For example defendant could have met a minor in a place where only persons 21 or older are allowed to be admitted.
A conviction for contacting a minor with intent to commit a felony is punished by the same penalties prescribed for the underlying offense defendant is alleged to have intended.
The potential penalties include:
In case the defendant has previous conviction of PC Section 288.3 PC then for any future violations the prison sentence will be increased to an additional and consecutive 5 years.
Additionally, for a conviction under PC Section 288.3 PC defendant will be required to register as a sex offender under California Penal Code 290.
Are you or a loved one in need of attorney services involving a PC-288.3 charge? Our attorneys at KAASS LAW will be happy to help.
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