Extradited Man From Mexico Convicted of Child Molestation (CA Penal Code 288)

Rabin Nabizadeh
May 8, 2015

A 34-year-old man has recently been convicted of committing sexual acts against children after having been arrested for these charges in 2010.  Because he fled to Mexico, the case against him has had to wait until he could be extradited to the United States.  The man has been convicted of several different charges, including rape, assault with intent to commit rape, burglary, child abuse, the aggravated assault of a child, lewd acts on a minor under the age of 14 (with the use of force and fear), and sexual acts against a minor under the age of 10 years.

All of these different violations of the law can seem confusing, so it is helpful to break some of them down to their separate elements.  Here, we will discuss only two: lewd acts with a minor under the age of 14 and sexual acts against a minor under the age of 10.  Generally speaking, California Penal Code 288 (“Lewd Acts with a Minor”) makes it illegal to purposefully touch a child’s intimate parts for the purposes of sexual gratification.  This touching may be over or under clothing and it does not matter whether you actually became aroused, just that this was the purpose of the touching.  If convicted of a violation of CA PC 288, you could spend up to 1 year in county jail or up to 8 years in state prison, depending on the facts of the case.  If force or fear was used, as was in the case above, then the penalty goes up to 5 to 10 years in state prison.  Additionally, if this is not the first such charge against you in your lifetime, you could end up with a sentence of 25 years to life.

Having sexual intercourse with a child under the age of 10, however, brings with it an entirely different set of penalties.  When an individual has actual intercourse with such a young child, then CA Penal Code 288.7 is applied.  This crime is always a felony and the sentences is 25 years to life if you are convicted.

 

latest news

October 10, 2023
Do You Lose Your License Immediately After a DUI Charge in San Jose?

Driving under the influence (DUI) is a major offense in San Jose. If you’ve been arrested for a DUI, you might be worried about the future of your driver’s license. Following a DUI arrest, you might be wondering what to do next. Knowing your rights and the next steps can significantly impact the outcome of […]

October 9, 2023
San Jose Common Questions About Criminal Defense

Navigating the complexities of criminal law in San Jose can be confusing. Many residents often have questions about their rights, the legal process, and the consequences of a criminal charge. Fortunately, understanding these topics is easier with the correct information. At Summit Defense, our criminal defense lawyers are here to help you. Every criminal offense is […]

May 18, 2023
How To Beat a DUI in California

Being charged with a DUI in California is a serious matter. If you get convicted of a DUI, you spend time in jail, have your license suspended or revoked, and face significant fines and other penalties. A DUI conviction will also appear on your records, which might make it hard for you to secure housing […]