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)

✓ 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 CA2/6 (Cal. Ct. App. 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 CA4/2 (Cal. Ct. App. 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 CA3 (Cal. Ct. App. 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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