Cal. Codes » Penal Code / PART 1. OF CRIMES AND PUNISHMENTS / TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS / CHAPTER 5. Bigamy, Incest, and the Crime Against Nature
California Codes

Cal. Penal Code § 288.1 (2026)

Bigamy, Incest, and the Crime Against Nature

✓ current as of May 2026
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Any person convicted of committing any lewd or lascivious act including any of the acts constituting other crimes provided for in Part 1 of this code upon or with the body, or any part or member thereof, of a child under the age of 14 years shall not have his or her sentence suspended until the court obtains a report from a reputable psychiatrist, from a reputable psychologist who meets the standards set forth in Section 1027, as to the mental condition of that person.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1954–2022 · leading case: People v. Jones, 266 P.2d 38 (Cal. 1954).
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People v. Jones, 266 P.2d 38 (Cal. 1954). “(Pen. Code, §288.1.) These statutory provisions concerning those who commit sex offenses clearly state a legislative determination that such a person is more likely to violate section 288 than one who has no such propensity; to some extent there is a cause and effect…”
People v. Aguirre, No. B312565M (Cal. Ct. App. Mar. 15, 2022). “The probation report included opinions of psychologists (Pen. Code, § 288.1), the prosecutor, the defense attorney, and the probation officer, which included both statements helpful to Aguirre (e.”
People v. Ruiz, No. E058318 (Cal. Ct. App. Oct. 9, 2013). “2 Penal Code section 288.1 provides: “Any person convicted of committing any lewd or lascivious act including any of the acts constituting other crimes provided for in Part 1 of this code upon or with the body, or any part or member thereof, of a child under the age of 14 years…”
People v. Erhardt, No. C071688 (Cal. Ct. App. Nov. 20, 2014). “(See Pen. Code, § 288.1.) The court did not know how defendant would be specifically excluded from having any contact with young girls, but it acknowledged court orders could be made to accommodate that circumstance.”
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