Legal Question in Criminal Law in California

There are several subsections of Penal Code 288. Subsection (c) deals with sexual acts committed against a child who is 14 or 15 years old, and is punishable by 16 months, or two or three years, in state prison.

Subsections (a) and (b) are for sexual acts committed against children under the age of 14. The potential prison sentence is three, six or eight years. Both are considered violent felonies, so a person sent to prison for these offenses would have to serve 85% of the sentence before becoming eligible for release on parole.

A person convicted of Penal Code 288(a) is only eligible for probation if the court makes certain findings that the defendant is amenable to rehabilitation through sex offender therapy.

Subsection (b) adds the element of committing the offense by use of force, threats or violence. A person convicted of this offense is not eligible for probation; the judge must send the defendant to prison.