288 PC Explained: California Lewd Acts With a Child Law

California Penal Code section 288 makes it a crime to commit a lewd or lascivious act upon or with the body of a child under 14, with the intent of arousing, appealing to, or gratifying the sexual desires of the person or the child. Other subdivisions cover the same act committed by force or duress, acts involving a child of 14 or 15 where the person is at least 10 years older, and acts by caretakers against dependent persons.

This page covers what section 288 says as published on the California Legislature's official site, what the prosecution has to prove under the state's jury instruction for subdivision (a), the penalties the statute sets, and the related sections on registration and probation. It describes the law in neutral terms and covers California state law only.

Information last verified against primary sources on October 20, 2026. This article has not yet been reviewed by a licensed lawyer.

What 288 PC says

Section 288 sits in Title 9 of Part 1 of the Penal Code, in Chapter 5. It has nine subdivisions, (a) through (i). Subdivisions (a), (b), (c), and (i) define offenses and penalties. The others cover the court process, fines, and definitions.

288(a): a child under 14

"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."

288(b): force or duress, and caretakers

Subdivision (b)(1) covers 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." It is a felony punishable by state prison for 5, 8, or 10 years.

Subdivision (b)(2) applies the same terms to a caretaker who commits an act described in subdivision (a) upon a dependent person by those same means, with the intent described in subdivision (a).

288(c): a child of 14 or 15, and caretakers

Subdivision (c)(1) covers an act described in subdivision (a), with the same intent, where "the victim is a child of 14 or 15 years, and that person is at least 10 years older than the child." The statute adds that "the difference in age shall be measured from the birth date of the person to the birth date of the child."

Subdivision (c)(2) covers a caretaker who commits an act described in subdivision (a) upon a dependent person, with the intent described in subdivision (a), without the force or duress element of (b)(2).

Both are described as "a public offense," punishable by state prison for one, two, or three years, or county jail for up to one year.

288(d): protecting the victim in the court process

Subdivision (d) directs the peace officer, the district attorney, and the court, in any arrest or prosecution under section 288 or 288.5, to consider the needs of the child victim or dependent person and to do whatever is necessary, within existing budgetary resources and constitutionally permissible, to prevent psychological harm from participating in the court process.

288(e): an additional fine

On a conviction under 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)." The court considers factors including the seriousness of the offense, its circumstances, any economic gain to the defendant, and the victim's economic losses. The fines go to the Victim-Witness Assistance Fund for child sexual exploitation and child sexual abuse victim counseling centers and prevention programs.

288(f), (g), and (h): caretakers and dependent persons

These subdivisions define the terms used in (b)(2) and (c)(2):

• Caretaker means an owner, operator, administrator, employee, independent contractor, agent, or volunteer of a listed public or private facility that provides care for elder or dependent persons. The list includes 24-hour health facilities, clinics, home health agencies, adult day health care centers, community care and residential care facilities, foster homes, regional centers, board and care facilities, agencies supplying in-home supportive services, and private residences.
• Dependent person means a person, whether or not they live 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." It includes a person admitted as an inpatient to a 24-hour health facility.

Subdivision (g) limits (b)(2) and (c)(2) to individuals who "personally commit, conspire, aid, abet, or facilitate" a prohibited act. Subdivision (h) says (b)(2) and (c)(2) do not apply to a caretaker who is the spouse of, or in an equivalent domestic relationship with, the dependent person.

288(i): bodily harm

"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."

The penalty "shall only apply if the fact that the defendant personally inflicted bodily harm upon the victim is pled and proved." The subdivision defines bodily harm as "any substantial physical injury resulting from the use of force that is more than the force necessary to commit the offense."

What the prosecution has to prove

California's official jury instruction for subdivision (a) is CALCRIM No. 1110, "Lewd or Lascivious Act: Child Under 14 Years (Pen. Code, § 288(a))," published by the Judicial Council of California (2026 edition). It tells the jury the prosecution must prove that:

1. The defendant willfully touched any part of a child's body, either on the bare skin or through the clothing, or willfully caused a child to touch their own body, the defendant's body, or someone else's body, either on the bare skin or through the clothing.
2. The defendant committed the act with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the defendant or the child.
3. The child was under the age of 14 years at the time of the act.

"Someone commits an act willfully when he or she does it willingly or on purpose." The instruction includes optional paragraphs, given when they fit the case, stating that actually arousing or gratifying sexual desire "is not required," that "It is not a defense that the child may have consented to the act," and that a person becomes one year older "as soon as the first minute of his or her birthday has begun."

The CALCRIM index lists separate instructions for subdivision (b)(1) (No. 1111) and subdivision (c)(1) (No. 1112). This page does not summarize their elements.

Penalties under 288 PC

Subdivisions (a) and (b) state that the offense is a felony and provide state prison only.

Subdivision (c) allows either state prison or county jail for up to one year, so it can be handled as a misdemeanor or a felony. Penal Code section 17(b) lists when such an offense becomes a misdemeanor for all purposes, such as after a judgment imposing a punishment other than state prison or county jail under section 1170(h), or when the court grants probation and declares the offense a misdemeanor.

Serious and violent felony lists

Two lists in the Penal Code name lewd acts on a child:

• Section 1192.7(c)(6) lists "lewd or lascivious act on a child under 14 years of age" as a serious felony.
• Section 667.5(c)(6) lists "Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288" as a violent felony.

Neither list item names subdivision (c) as such. How those lists affect a given sentence, and any other sentencing statute that may apply, is outside this page.

Limits on probation

Section 1203.066(a) says probation "shall not be granted" to persons in listed circumstances. They include a conviction under 288 or 288.5 where the act was committed by force, violence, duress, menace, or fear of immediate and unlawful bodily injury; causing bodily injury to the child; using a weapon; certain prior convictions; and a conviction involving more than one victim. Except for a violation of 288(b), those facts must be alleged in the charging document and admitted or found true.

Where those factors are not pled or proven, section 1203.066(d) says probation "may be granted only if" the conditions it lists are met.

Sex offender registration

Penal Code section 290(c) begins "The following persons shall register," and paragraph (1) lists a conviction of section 288 among them. Section 290(d) sets registration periods of "10 years, 20 years, or life" by tier:

• Tier one (minimum 10 years) covers a misdemeanor in 290(c), or a felony in 290(c) that is not a serious or violent felony as described in 667.5(c) or 1192.7(c). Under 290(d)(1)(B), tier one does not apply to a person who falls within tier two or tier three, and 290(d)(3)(C)(ix) places a conviction under 288(b) or (c) in tier three.
• Tier two (minimum 20 years) covers an offense in 290(c) that is also described in 667.5(c) or 1192.7(c), among others.
• Tier three (life) includes "Subdivision (b) or (c) of Section 288," and a person "convicted of violating subdivision (a) of Section 288 in two proceedings brought and tried separately," among other categories.

Which tier applies in a given case depends on the full text of section 290(d) and the person's history. This page does not determine it.

Related sections

• Penal Code section 288.5. Continuous sexual abuse of a child: three or more qualifying acts with a child under 14, over a period of at least three months, by a person who lives with the child or has recurring access to the child; punishable by state prison for 6, 12, or 16 years. Official text.
• Penal Code section 290. Sex Offender Registration Act. Official text.
• Penal Code section 1203.066. Probation limits for 288 and 288.5. Official text.
• Penal Code section 1192.7. Serious felony list. Official text.
• Penal Code section 667.5. Violent felony list. Official text.
• Penal Code section 17. Felony and misdemeanor definitions and the either-way rules. Official text.

For California's age of consent rules generally, see California age of consent laws. Other statute explainers are in our statutes library.

Legislative history

The official history note for section 288 reads: "Amended by Stats. 2018, Ch. 70, Sec. 2. (AB 1934) Effective January 1, 2019." The note does not describe what the amendment changed. The text quoted on this page is the version published on the Legislature's site as of October 20, 2026.

What happens after an arrest for 288 PC

A "288" on a jail roster or booking sheet is the arresting agency's charge. The prosecutor reviews the case and decides whether to file a charge under section 288, a different charge, or nothing, and under which subdivision. The first court appearance, the arraignment, is where the filed charges are read.

Our California charge code lookup translates other booking codes, and What Happens After You Get Arrested walks through the steps from booking to arraignment.

Disclaimer

This page explains what California Penal Code section 288 and the related sections quoted here say, as published on official state sources and checked on October 20, 2026. It is general legal information, not legal advice, and reading it does not create an attorney-client relationship. The consequences of a charge under section 288 are serious and depend on the subdivision charged and the facts alleged, so anyone facing one should speak with a criminal defense lawyer licensed in California.

Last updated: October 20, 2026.

Frequently Asked Questions

Is 288 PC a felony in California?

Subdivisions (a) and (b) say the offense is a felony and set state prison terms only. Subdivision (c), covering a child of 14 or 15 where the person is at least 10 years older, and the caretaker offense in (c)(2), allow either state prison for one, two, or three years or county jail for up to one year.

What is the sentence for 288(a)?

Section 288(a) sets imprisonment in the state prison for three, six, or eight years. Under 288(i), the term is life with the possibility of parole if the defendant personally inflicted bodily harm on the victim and that fact is pled and proved. Section 288(e) allows an additional fine of up to $10,000 on a conviction under (a) or (b).

What is 288(c)(1)?

It covers an act described in 288(a), with the same intent, where the victim is a child of 14 or 15 and the person is at least 10 years older than the child. The age difference is measured from the person's birth date to the child's birth date. The punishment is state prison for one, two, or three years, or county jail for up to one year.

Does a 288 conviction require sex offender registration?

Penal Code section 290(c)(1) lists section 288 among the offenses for which a convicted person shall register. Section 290(d) sorts registrants into tiers of 10 years, 20 years, or life, and the tier three list includes subdivision (b) or (c) of section 288 and convictions under 288(a) in two proceedings brought and tried separately.

Is consent a defense to 288(a)?

CALCRIM No. 1110 includes an optional instruction, given when it fits the case, that it is not a defense that the child may have consented to the act.

Is 288 a serious or violent felony in California?

Penal Code section 1192.7(c)(6) lists lewd or lascivious act on a child under 14 years of age as a serious felony, and section 667.5(c)(6) lists lewd or lascivious act as defined in subdivision (a) or (b) of section 288 as a violent felony. How those lists affect a given sentence is outside this page.

Can probation be granted for a 288 conviction?

Section 1203.066(a) says probation shall not be granted in listed circumstances, such as use of force, violence, duress, menace, or fear, bodily injury to the child, use of a weapon, or more than one victim. Where those factors are not pled or proven, section 1203.066(d) sets conditions that must be met before probation may be granted.