Offenses that involve minors in California are subject to severe consequences. California Penal Code 288.3 outlaws contacting a minor to perpetrate a felony with sex crimes being among the most common offenses leading to such charges. If you are suspected of committing a crime involving a child, the best way to protect your rights is to contact an experienced criminal defense attorney. This article provides an in-depth discussion of what it means to contact a minor to commit a felony.

Understanding What It Means to Contact a Minor to Commit a Felony

It is illegal to communicate with a child if you intend to commit any of the fifteen specified felony offenses. Unlike similar charges, Penal Code 288.3 section (a) prohibits attempting to contact a person under 18 to engage in certain criminal activities. Additionally, it criminalizes communication with someone you reasonably think to be underage.

California Penal Code 288.3 considers every illegal communication an attempt to commit the intended or planned felony.  If convicted under this law, you face up to three years in prison and a $10,000 penalty.

For a subsequent conviction of the same offense, California Penal Code 288.3 (a) imposes a five-year prison term in addition to the base term. So you in addition to facing punishment for the underlining offense, the prior can result in an enhancement of 5 years which is consecutive to the time a defendant is given for the offense. If convicted under California Penal Code 288.3a, one must register as a sex offender in California.

What Evidence Will the Prosecutor Have to Provide?

Individuals younger than 18 years old are considered minors. In California, it is illegal to contact, communicate with, or attempt to contact anyone considered a minor for the purpose of committing a sexual crime. This is significant because one of the most common methods for enforcing this prohibition is through sting operations. This is oftentimes conducted online with undercover police officers posing as children. When this happens, a defendant often contacts a person they believe to be a minor rather than an actual minor.

The prosecution must present certain evidence under California Penal Code 288.3(a) when trying to prove that you contacted a minor to commit a felony offense. These include:

  • You attempted to communicate with the child in some way
  • You intended to employ the minor to commit a certain felony offense
  • You knew or should have known that the individual was a minor

Let us discuss each of these components in more depth to gain a better understanding of what they entail.

Communication With The Minor In Some Way

Under California Penal Code 288.1, the following interactions satisfy the standards for "communication" or "contact":

  • In-person communication
  • Print media forms of contact, such as "Missed Appointments" or personal advertisements in magazines or newspapers
  • Communication by mail 
  • Online communication, including email
  • Communication through any type of radio or electronic system for information exchange
  • Telephone communication

Contact or communication with a minor can also be direct or indirect.

The Person Knew or Should Have Known That The Person They Were Contacting Was A Minor

If you understood or reasonably should have realized that the alleged victim was a minor, you can be found guilty of the offense, as stated in Section 288.3 of the Penal Code. For example, you could be found guilty if the child claimed to be over 18 years old but a reasonable person would not believe the person to be an adult. This means that you can be held liable for the crime in question, even if the minor assured you they were over eighteen years old, especially if there were reasons to question their claim.

The Underlying Offense

To secure your conviction for contacting a minor to commit a felony under California Penal Code 288.3, the prosecution must prove you intended to perpetrate one of the listed felonies:

Rape

California Penal Code 261 (PEN 261) defines rape as engaging in sexual contact or intercourse with another person without their consent. This occurs when:

  • The victim is incapable of giving consent (for example, due to severe intoxication or physical or mental disabilities)
  • The act is committed using threats, violence, coercion, or duress

Child Pornography

Criminal charges can be brought under California Penal Code 288.3 for contacting a minor to commit acts involving child pornography.

  • California Penal Code sections 311.1 and 311.2 prohibit sending, conveying, making, copying, or possessing material with intent to distribute it
  • Penal Code 311.4 makes it illegal to employ, use, coerce, or persuade a minor to participate in creating child pornography
  • California Penal Code 311.11 criminalizes the possession or control of pornographic content involving children

Kidnapping a Minor

According to California law, kidnapping occurs when an individual is moved through a significant distance against their will and in violation of the law without their consent. In some cases, kidnapping can occur without threats, physical harm, or actual violent acts, as long as the following criteria are met:

  • You have taken a person against their will to sexually abuse them, and the victim is a minor under the age of fourteen.
  • You lured the victim to accompany you by making false statements or misrepresenting the circumstances.

Endangering a Child

Penal Code 273a defines child endangerment as the act of producing, permitting, or inflicting unnecessary physical harm or emotional trauma on a minor. 

Oral Copulation

According to Penal Code 287, it is illegal to:

  • Engage in oral copulation using force or fear
  • Perform oral sex on a minor, even with their consent

Acts of Sodomy

Violations of Penal Code section 286 include:

  • Forcing a child to engage in sodomy against their will
  • Performing lewd acts involving a minor under 14
  • Having anal sex or sodomy with a child

Penal Code 288 defines lewd acts as touching a child for sexual purposes. This law specifically addresses sexually explicit conduct committed against a minor who is under 14 years old.

Using A Foreign Object To Perpetrate A Sexual Act Against Their Will

California Penal Code 289 covers two categories regarding the use of a foreign object for sexual penetration:

  • Using an object for sexual penetration without consent, carried out with aggression, intimidation, physical force, or threats to the victim's safety
  • Engaging in sexual activity with a minor using the object, even with their consent.

Distribution of Obscene Materials to a Child 

Sending obscene information to anyone under 18 with the intent to sexually arouse them or yourself, or to engage in sexual behavior with them, is illegal in California. The state prohibits sending harmful material to minors to seduce them.

The Consequences Of A Conviction Under Penal Code 288.3

If you contact or converse with a minor intending to commit a felony offense, you could face the same consequences as if you had committed the actual crime you are charged with attempting to commit. These actions are considered felonies. Possible punishments include:

  • Confinement in a state prison
  • Fines of at least $10,000
  • Felony or formal probation

The severity of penalties directly corresponds to the seriousness of the underlying or attempted offense. For example:

  • The crime of communicating or contacting a child under 14 to conduct indecent acts carries a punishment of three, six, or eight years in prison, depending on the severity of these actions
  • Communicating with a minor to commit forcible sodomy may result in prison sentences ranging from seven to thirteen years
  • Also, if you have in the past been convicted of violating Penal Code 288.3, any following offenses would incur an additional and consecutive five-year prison term
  • If you contact a minor intending to engage in consensual oral sexual acts, you could face a penalty ranging from sixteen months to eight years behind bars

Requirements for Sex Offenders to Register

If you have been found guilty of PC 288.3 , contacting or communicating with a minor with the intent to commit a crime, you must register under California's Sex Offender Registration Act (Penal Code 290) for life. If you are found to be a tier 3 sexual offender, you will be required to remain registered for life.

If you commit certain types of sexual crimes, you may be required to register as a tier 2 sexual offender, which entails a mandatory registration period of twenty years. The government enforces this registration time. 

Tier 1 sexual offenders must register for 10 years or longer. Under California's Sex Offender Registration Act, sexual offenders must register with the local police department in their current area of residence. This individual must re-register:

  • Before the end of the fifth business day after their birthday each year
  • Each time they relocate

In addition to being charged with a felony under Penal Code 288.3, the defendant will also face a felony charge for failing to register if they did not comply with the previously indicated registration requirements. Possible punishments for this crime include sixteen months, two years, or three years in prison.

How Your Defense Lawyer Can Defend You Against These Charges

In California, voters passed a law making it illegal to communicate with or contact children to commit certain crimes. This statute was part of Proposition 83, also known as the Sexual Predator Punishment and Control Act or Jessica's Law.

Being accused of a sexual crime could be distressing. Do not try to handle the situation alone. Hiring a skilled defense attorney specializing in sexual offenses can be extremely beneficial. They can help you determine if any of the following arguments could help your case:

You Had No Way of Reasonably Knowing The Person You Were Communicating With Or Talking To Was A Child

To use this potential legal defense, your defense counsel would need to demonstrate that you had reasonable grounds to believe the alleged victim was 18 years old or older.

These arguments might be supported by the following statements:

  • When you asked the alleged victim about their age, they lied to you
  • The alleged victim appeared extremely mature
  • You met the person who is claimed to have been the victim at an adults-only event, such as a concert or a bar

You Did Not Plan on Committing The Underlying Crime

There is a possibility that you developed sexual or romantic feelings for an underage person after having contact or interactions with them. Due to your actions, you might believe you have violated California Penal Code 288.3. However, the prosecution cannot secure a guilty verdict for this violation without proving the offender intended to commit sexual offenses.

Knowing that you chatted with a minor does not prove you intended to commit a violation. This remains true whether or not the conversations included sexually explicit content. Arranging to meet the minor, even in a public place, is not sufficient evidence of malicious intent.

You May Have Been a Victim of Entrapment By the Police

This occurs when a person suspected of committing a crime gives in to pressure exerted by a law enforcement official and commits a crime they may not have committed otherwise. Any of the following are examples of police tactics that might lead to a person being entrapped:

  • Fraud
  • Use of force
  • Harassment
  • Issuing threats
  • Fleecing
  • Flattery

After being apprehended during a sting operation, it is not uncommon for a person to be charged with communicating with a juvenile to commit a crime. Undercover law enforcement officers often pose as minors online. They engage in aggressive flirting with prospective suspects to further their investigation.

If this happens to you, you may have a viable defense that you were entrapped by police and are not responsible for communicating with a minor to perpetrate a felony.

Find a Sex Crimes Defense Attorney Near Me

If you are facing allegations of contacting or communicating with a minor to commit a crime, immediately retaining an experienced criminal defense attorney is essential. The Law Office of Ann Gottesman has a proven track record of successfully defending clients against sexual offense charges in Pasadena.  Ann is committed to defending you and protecting your rights during this difficult time in your life.  Call attorney Ann Gottesman now at 626-710-4021 if you are facing criminal charges.  She always provides potential clients with a free consulation!