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 § 288.7 (2026)

Bigamy, Incest, and the Crime Against Nature

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(a)Any person 18 years of age or older who engages in sexual intercourse or sodomy with a child who is 10 years of age or younger is guilty of a felony and shall be punished by imprisonment in the state prison for a term of 25 years to life.

(b)Any person 18 years of age or older who engages in oral copulation or sexual penetration, as defined in Section 289, with a child who is 10 years of age or younger is guilty of a felony and shall be punished by imprisonment in the state prison for a term of 15 years to life.

Notes of Decisions
Cited in 372 cases (187 in the last 5 years), 2010–2026 · leading case: People v. Van Ngo, 225 Cal. App. 4th 126 (Cal. Ct. App. 2014).
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People v. Van Ngo, 225 Cal. App. 4th 126 (Cal. Ct. App. 2014). · cites it 4× “(Pen. Code, §§ 288.7, subd. (b), 288, subd.”
People v. Jimenez, 35 Cal. App. 5th 373 (Cal. Ct. App. 2019). · cites it 2× “, the first time) ( *378 Pen. Code, § 288.7, subd. (b) ); count 8-sexual penetration of a child 10 or under (digital penetration of S.”
People v. Gonzales, 16 Cal. App. 5th 494 (Cal. Ct. App. 2017). “guilty of two counts of oral copulation with a child 10 years old or younger ( Pen. Code, §§ 288.7, subd. (b), 2 289 ) (counts 1 and 3); three counts of lewd acts with a child (§ 288, subd.”
People v. Cornett, 274 P.3d 456 (Cal. 2012). “Penal Code section 288.7 makes it a felony, punishable by an indeterminate life term, for any adult to engage in specified sexual conduct “with a child who is 10 years of age or younger.”
People v. Mestas, 217 Cal. App. 4th 1509 (Cal. Ct. App. 2013). · cites it 2× “(Pen. Code, § 288.7, subd. (b); counts three and four).”
People v. Cowan, 8 Cal. App. 5th 1152 (Cal. Ct. App. 2017). “Cowan guilty of one count of sodomy of a person under age 10 (Pen. Code, § 288.7, subd. (a) 1 ); two counts of oral copulation with a person under age 10 (§ 288.”
People v. Powell, 194 Cal. App. 4th 1268 (Cal. Ct. App. 2011). “We find no reason to reverse the judgment and will affirm it.”
People v. ZarateCastillo, 244 Cal. App. 4th 1161 (Cal. Ct. App. 2016). “Defendant was ultimately charged with 11 offenses — two counts of sexual penetration of a child 10 years old or under (Pen. Code, § 288.7, subd. (b)), one count of forcible sexual penetration (Pen.”
People v. Cisneros-Ramirez, 29 Cal. App. 5th 393 (Cal. Ct. App. 2018). “FACTS Defendant was charged with two counts of oral copulation or sexual penetration of a child 10 years old or younger ( Pen. Code, § 288.7, subd. (b) ; all subsequent statutory references are to the Penal Code), and three counts of committing a lewd act upon a child under the…”
People v. Mendoza, 240 Cal. App. 4th 72 (Cal. Ct. App. 2015). “* Defendant Ildefonso Mendoza was charged with two counts of sexual intercourse or sodomy with a child 10 years old or younger (Pen. Code, § 288.7, subd. (a); counts 1 & 2),* 1 oral copulation or sexual penetration with a child 10 years old or younger (§ 288.”
People v. Spence, 212 Cal. App. 4th 478 (Cal. Ct. App. 2012). “), occurring on April 20, 2009 (Pen. Code, § 288.7, subds. (b) [count 1, sexual penetration] & (a) [count 2, sodomy]; all further statutory references are to the Penal Code unless noted).”
People v. Saavedra, 24 Cal. App. 5th 605 (Cal. Ct. App. 2018). “11, Penal Code Section 288.7(b), ... sexual penetration with a child .”
Show all 372 citing cases →
Cal. Penal Code § 288.7(a): 8 cases
People v. Martinez, No. H048748 (Cal. Ct. App. Sept. 21, 2023).
(HC) Cuevas v. Sullivan, No. 1:18-cv-01281 (E.D. Cal. Dec. 15, 2020).
(HC) DeAnda v. Koenig, No. 2:18-cv-01029 (E.D. Cal. Aug. 30, 2021).
Ochoa v. Clark, No. 3:21-cv-04008 (N.D. Cal. June 11, 2021).
Barrios v. Sullivan, No. 3:20-cv-00346 (S.D. Cal. Sept. 23, 2021).
Cal. Penal Code § 288.7(b): 19 cases
People v. Saavedra, 24 Cal. App. 5th 605 (Cal. Ct. App. 2018). “11, Penal Code Section 288.7(b), ... sexual penetration with a child .”
People v. Saavedra, No. F073923 (Cal. Ct. App. June 15, 2018).
Jimmy M. Garcia v. B. Cates, No. 2:21-cv-07099 (C.D. Cal. Dec. 10, 2021).
(HC) Otero v. Diaz, No. 2:19-cv-00381, 2020 WL 7406517 (E.D. Cal. Dec. 17, 2020).
Ross v. Kernan, No. 3:17-cv-00953 (S.D. Cal. Aug. 16, 2023).
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