California Codes

Cal. Penal Code § 288 (2026)

✓ current as of May 2026

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(a)Except as provided in subdivision (i), a person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.

(b)(1)A person who commits an act described in subdivision (a) by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.

(2)A person who is a caretaker and commits an act described in subdivision (a) upon a dependent person by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, with the intent described in subdivision (a), is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.

(c)(1)A person who commits an act described in subdivision (a) with the intent described in that subdivision, and the victim is a child of 14 or 15 years, and that person is at least 10 years older than the child, is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year. In determining whether the person is at least 10 years older than the child, the difference in age shall be measured from the birth date of the person to the birth date of the child.

(2)A person who is a caretaker and commits an act described in subdivision (a) upon a dependent person, with the intent described in subdivision (a), is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year.

(d)In any arrest or prosecution under this section or Section 288.5, the peace officer, district attorney, and the court shall consider the needs of the child victim or dependent person and shall do whatever is necessary, within existing budgetary resources, and constitutionally permissible to prevent psychological harm to the child victim or to prevent psychological harm to the dependent person victim resulting from participation in the court process.

(e)(1)Upon the conviction of a person for a violation of subdivision (a) or (b), the court may, in addition to any other penalty or fine imposed, order the defendant to pay an additional fine not to exceed ten thousand dollars ($10,000). In setting the amount of the fine, the court shall consider any relevant factors, including, but not limited to, the seriousness and gravity of the offense, the circumstances of its commission, whether the defendant derived any economic gain as a result of the crime, and the extent to which the victim suffered economic losses as a result of the crime. Every fine imposed and collected under this section shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs pursuant to Section 13837.

(2)If the court orders a fine imposed pursuant to this subdivision, the actual administrative cost of collecting that fine, not to exceed 2 percent of the total amount paid, may be paid into the general fund of the county treasury for the use and benefit of the county.

(f)For purposes of paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c), the following definitions apply:

(1)“Caretaker” means an owner, operator, administrator, employee, independent contractor, agent, or volunteer of any of the following public or private facilities when the facilities provide care for elder or dependent persons:

(A)Twenty-four hour health facilities, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.

(B)Clinics.

(C)Home health agencies.

(D)Adult day health care centers.

(E)Secondary schools that serve dependent persons and postsecondary educational institutions that serve dependent persons or elders.

(F)Sheltered workshops.

(G)Camps.

(H)Community care facilities, as defined by Section 1402 of the Health and Safety Code, and residential care facilities for the elderly, as defined in Section 1569.2 of the Health and Safety Code.

(I)Respite care facilities.

(J)Foster homes.

(K)Regional centers for persons with developmental disabilities.

(L)A home health agency licensed in accordance with Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code.

(M)An agency that supplies in-home supportive services.

(N)Board and care facilities.

(O)Any other protective or public assistance agency that provides health services or social services to elder or dependent persons, including, but not limited to, in-home supportive services, as defined in Section 14005.14 of the Welfare and Institutions Code.

(P)Private residences.

(2)“Board and care facilities” means licensed or unlicensed facilities that provide assistance with one or more of the following activities:

(A)Bathing.

(B)Dressing.

(C)Grooming.

(D)Medication storage.

(E)Medical dispensation.

(F)Money management.

(3)“Dependent person” means a person, regardless of whether the person lives independently, who has a physical or mental impairment that substantially restricts his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have significantly diminished because of age. “Dependent person” includes a person who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.

(g)Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) apply to the owners, operators, administrators, employees, independent contractors, agents, or volunteers working at these public or private facilities and only to the extent that the individuals personally commit, conspire, aid, abet, or facilitate any act prohibited by paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c).

(h)Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) do not apply to a caretaker who is a spouse of, or who is in an equivalent domestic relationship with, the dependent person under care.

(i)(1)A person convicted of a violation of subdivision (a) shall be imprisoned in the state prison for life with the possibility of parole if the defendant personally inflicted bodily harm upon the victim.

(2)The penalty provided in this subdivision shall only apply if the fact that the defendant personally inflicted bodily harm upon the victim is pled and proved.

(3)As used in this subdivision, “bodily harm” means any substantial physical injury resulting from the use of force that is more than the force necessary to commit the offense.

Notes of Decisions

Cited in 1,844 cases (550 in the last 5 years), 1944–2026 · leading case: People v. Jimenez, 247 Cal. Rptr. 3d 221 (Cal. Ct. App. 5th 2019).

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People v. Jimenez, 247 Cal. Rptr. 3d 221 (Cal. Ct. App. 5th 2019). · cites it 17× “while she was awake, the first time) ( Pen. Code, § 288, subd. (b)(1) ); count 2-forcible lewd act on a child under 14 (digital penetration of K.”

United States v. Farmer, 627 F.3d 416 (9th Cir. 2010). · cites it 22× “The Presentence Investigation Report ("PSR") noted that, in 1987, Farmer pleaded guilty to a violation of California Penal Code § 288(a), which prohibits lewd and lascivious acts upon a child younger than fourteen.”

People v. Gutierrez, 247 Cal. Rptr. 3d 850 (Cal. Ct. App. 5th 2019). · cites it 6× “At resentencing, the court carefully summarized the breakdown of defendant's sentence as follows: "Count 1, Penal Code Section 288(a), with the [section] 667.”

Elisa Menendez v. Matthew Whitaker, 908 F.3d 467 (9th Cir. 2018). · cites it 11× “In deciding Menendez’s petition, the panel held that Cal. Penal Code § 288 (c)(1) is not categorically a crime involving moral turpitude, explaining that, because the offense requires only sexual intent, and because a good-faith reasonable mistake of age is not a defense, a…”

People v. Murphy, 19 P.3d 1129 (Cal. 2001). · cites it 6× “7(c)(6) from "lewd acts" to "lewd or lascivious acts per Penal Code § 288." (Assem. Com. on Public Safety, Analysis of Assem.”

People v. Giordano, 170 P.3d 623 (Cal. 2007). · cites it 4× “) Additionally, the list of categories in subdivision (f) was expanded to include three additional categories of loss: (1) noneconomic losses for felony convictions for lewd or lascivious acts (Pen.Code, § 288), (2) interest on the economic loss, and (3) attorneys fees and costs…”

People v. Emilio C., 2004 Cal. Daily Op. Serv. 2224 (Cal. Ct. App. 2004). · cites it 8× “Finally, appellant contends that the juvenile court’s disposition minute order concerning the September 13, 2002 petition should be amended to reflect the court’s dismissal of count one (Pen. Code, § 288, subd. (a)) of that petition.”

Oiye v. Fox, 211 Cal. App. 4th 1036 (Cal. Ct. App. 2012). · cites it 6× “Introduction In April 2010, defendant James Daniel Fox filed no contest pleas to one felony count of lewd contact with a child under the age of 14 (count 2; Pen. Code, § 288, subd. (a)) and two felony counts of lewd touching of a child *1045 who was 14 or 15 years old and 10…”

People v. Jones, 792 P.2d 643 (Cal. 1990). · cites it 4× “(Pen. Code, § 288, subd. (a).) Each count also included allegations that defendant had substantial sexual contact with a child under 11 years old ( id.”

United States v. Cosme Medina-Maella, 351 F.3d 944 (9th Cir. 2003). · cites it 7× “This case presents the question of whether a prior felony conviction for lewd or lascivious acts upon a child under the age of 14 years, under California Penal Code § 288, constitutes a conviction for a “crime of violence” under the Federal Sentencing Guidelines provision…”

People v. Espinoza, 2002 Cal. Daily Op. Serv. 1196 (Cal. Ct. App. 2002). · cites it 5× “Defendant was convicted after a court trial of four counts of lewd conduct on a child (Pen. Code, § 288, subd. (a)), one count of forcible lewd conduct on a child (Pen.”

United States v. Pascual Ortiz-Delgado, 451 F.3d 752 (11th Cir. 2006). · cites it 7× “2(b)(l)(A)(ii), based on his prior deportation following convictions for felony crimes of violence, that is, attempted lewd *754 acts upon a child and lewd acts upon a child, in violation of CaLPenal Code § 288. He also argues that his sentence is unreasonable under United…”

Show all 1,844 citing cases →

— Cal. Penal Code § 288(A) — 2 cases

Santiago v. United States Immigr. & Naturalization Serv., 134 F. Supp. 2d 1102 (N.D. Cal. 2001).

(HC) Harris v. Lackner (E.D. Cal. 2020).

— Cal. Penal Code § 288(a) — 150 cases

United States v. Farmer, 627 F.3d 416 (9th Cir. 2010). “The Presentence Investigation Report ("PSR") noted that, in 1987, Farmer pleaded guilty to a violation of California Penal Code § 288(a), which prohibits lewd and lascivious acts upon a child younger than fourteen.”

People v. Gutierrez, 247 Cal. Rptr. 3d 850 (Cal. Ct. App. 5th 2019). “At resentencing, the court carefully summarized the breakdown of defendant's sentence as follows: "Count 1, Penal Code Section 288(a), with the [section] 667.”

State v. Guzman/Heckler, 455 P.3d 485 (Or. 2019).

United States v. Cosme Medina-Maella, 351 F.3d 944 (9th Cir. 2003). “This case presents the question of whether a prior felony conviction for lewd or lascivious acts upon a child under the age of 14 years, under California Penal Code § 288, constitutes a conviction for a “crime of violence” under the Federal Sentencing Guidelines provision…”

Gonzalez v. Knowles, 515 F.3d 1006 (9th Cir. 2008).

— Cal. Penal Code § 288(a)(c) — 1 case

State v. Forsythe, 2013 Ohio 3301 (Ohio Ct. App. 2013).

— Cal. Penal Code § 288(b) — 7 cases

Am. States Ins. v. Borbor ex rel. Borbor, 826 F.2d 888 (9th Cir. 1987).

Scott Patrick v. Susan Hubbard, 649 F. App'x 389 (9th Cir. 2016).

(PC) Kusalich v. Perez (E.D. Cal. 2023).

Cabrera v. Cates (N.D. Cal. 2023).

McGee v. Oakland Police Dep't (N.D. Cal. 2025).

— Cal. Penal Code § 288(b)(1) — 8 cases

United States v. Eguilos, 383 F. Supp. 3d 1014 (E.D. Cal. 2019).

Groen v. Busby, 886 F. Supp. 2d 1150 (C.D. Cal. 2012).

Sohn v. U.S. Dept. of Homeland Sec. (E.D. Cal. 2022).

Chen v. U.S. Dept. of Homeland Sec. (E.D. Cal. 2022).

Wright v. Contra Costa Country (N.D. Cal. 2022).

— Cal. Penal Code § 288(c) — 3 cases

Crosby v. Schwartz, 678 F.3d 784 (9th Cir. 2012).

Molinar v. Newland, 151 F. Supp. 2d 1120 (N.D. Cal. 2001).

Agonafer v. Holder, 467 F. App'x 753 (9th Cir. 2012).

— Cal. Penal Code § 288(c)(1) — 16 cases

Hector Rodriguez-Castellon v. Eric Holder, Jr., 733 F.3d 847 (9th Cir. 2013).

Elisa Menendez v. Matthew Whitaker, 908 F.3d 467 (9th Cir. 2018). “In deciding Menendez’s petition, the panel held that Cal. Penal Code § 288 (c)(1) is not categorically a crime involving moral turpitude, explaining that, because the offense requires only sexual intent, and because a good-faith reasonable mistake of age is not a defense, a…”

United States v. Carlos Montenegro-Recinos, 424 F.3d 715 (8th Cir. 2005).

Rafael Diaz-Rodriguez v. Merrick Garland, 12 F.4th 1126 (9th Cir. 2021).

Camden, 607 F.3d 566 (1970).

— Cal. Penal Code § 288(e)(1) — 1 case

Ochoa v. Clark (N.D. Cal. 2021).

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