In the absence of "force, violence, duress, menace, or fear", can oral copulation between 2 children (both under 14) be prosecuted under California 288?
3 Answers from Attorneys
Yes. The factors you list are not required for a conviction. They would make the crime more serious, though, and would support a longer sentence.
If the defendant is much younger than 14 the court might not be convinced beyond a reasonable doubt that he had the required intent "of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child[.]" That's a factual issue, and the court's finding would depend on the circumstances of the case.
Yes. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. Iíll be happy to help fight and get the best outcome possible
Yes, but the matter would be in juvenile court.
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