Even if no actual meeting occurs, arranging a meeting with a minor to commit lewd acts can lead to criminal charges in California. And while these charges typically need hard evidence to stick, just being accused of trying to meet with a minor can cost you your reputation and your job.
San Diego Lawyer for Arranging to Meet a Minor
Whether you were coerced, tricked or made a mistake, you need a strong legal defense if you’ve been accused of trying to meet with a minor. If you’ve been caught trying to text a minor, even if you are innocent, do not speak to the police. Instead, tell them you want a lawyer and call the Law Offices of Michael E. Cindrich.
Attorney Michael Cindrich has decades of experience protecting clients in criminal court. If you have been charged with attempting to solicit a minor or arranging a meeting with a minor for sexual purposes, you need to contact him immediately. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.
Contact Michael Cindrich today for a free consultation at (619) 262-2500.
Information Center for Arranging a Meeting with a Minor to Commit a Lewd Act
- What is Arranging a Meeting with a Minor for Lewd Acts?
- Key Terms
- Key Elements Considered by a Jury
- Lesser Included and Related Offenses
- Penalties
- Sex Offender Registration
- Frequently Asked Questions
- Additional Resources
Arranging a Meeting with a Minor to Commit a Lewd Act
California Penal Code Section 288.4(a)(1) criminalizes arranging a meeting with a minor, or someone believed to be a minor, for the purpose of exposing or viewing genitals or engaging in lewd acts. The assumption under this law is that the perpetrator may be intending sexual assault or to ultimately extort the child. If the offender does ultimately meet with the minor, there is a high chance they will be charged with statutory rape. The offense becomes more severe under Section 288.4(a)(2) if the defendant has prior convictions for sex-related crimes.
The law also imposes additional penalties if the defendant goes to the arranged meeting.
Key Terms
Key terms under Penal Code Section 288.4 include:
- Minor: Any person under 18 years old.
- Lewd or Lascivious Behavior: Actions intended to sexually arouse the defendant or another, including touching, exposure, or suggestive communication.
- Motivated by an Unnatural or Abnormal Sexual Interest: The intent behind arranging the meeting must stem from a specific sexual interest in minors.
- Arranging a Meeting: Taking deliberate steps, such as phone calls, text messages, or emails, to organize a meeting.
Key Elements Considered by a Jury
For a conviction under Penal Code Section 288.4(a)(1), the prosecution must prove these elements beyond a reasonable doubt:
- Arranged a Meeting: The defendant took deliberate steps to schedule a meeting with someone they knew or believed to be a minor.
- Motivation by Abnormal Sexual Interest: The defendant’s intent was linked to an unnatural sexual interest in children.
- Intent for Lewd Acts: The meeting was arranged for exposure, viewing of genitals, or other sexual behavior. See CALCRIM No. 1125.
Lesser Included and Related Offenses
In some cases, a defendant may face lesser charges if all elements of Penal Code Section 288.4(a)(1) are not met. These lesser offenses include:
- Penal Code Section 647.6: Annoying or molesting a child, which focuses on inappropriate behavior without a specific meeting.
- Penal Code Section 288.3: Communicating with a minor for sexual purposes without evidence of planning a physical meeting.
Penalties for Arranging a Meeting with a Minor
Penalties for arranging a meeting with a minor vary based on the offense’s classification. For a misdemeanor, typically applicable to a first offense, the penalties include up to one year in county jail and a fine of up to $5,000.
For a felony, which may apply to repeat offenses or cases involving aggravating circumstances, the penalties increase significantly, with offenders facing two, three, or four years in state prison along with mandatory sex offender registration under Penal Code Section 290.
Enhanced penalties are imposed on defendants with prior convictions for sex-related crimes, potentially resulting in longer prison terms.
Sex Offender Registration
If you have been charged with arranging to meet a minor, you may be required to register as a sex offender on the national registry.
Common Questions Defendants Ask
Do I have to meet the minor to be charged?
No. Arranging the meeting alone can result in charges if intent is proven.
What if the “minor” was an undercover officer?
You can still be charged. While entrapment may be a defense, it only applies if the officer coaxed you into arranging a meeting. You must be willing and ready to meet with the child to be charged with arranging a meeting.
Will I have to register as a sex offender?
Yes, in most cases, mandatory registration under Penal Code Section 290 applies.
Can I get these charges expunged?
In most cases, no. However, if the charges are dropped, then you should be eligible for expungement.
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Additional Resources
California Penal Code – Arranging a Meeting With a Minor to Commit a Lewd Act – This official California State Legislature source details Penal Code Section 288.4, covering the crime of arranging a meeting with a minor for lewd acts. It explains legal definitions, penalties, and related terms.
Super Strikes – San Diego County Public Defender – This San Diego County Public Defender page outlines “super strikes,” which are serious or violent felonies punishable by life imprisonment or death in California. It lists offenses such as murder, rape, and lewd acts on children.
San Diego County District Attorney – Sex Crimes and Human Trafficking – This resource from the San Diego County District Attorney’s Office describes the division which handles prosecuting sex crimes and human trafficking. It details the cases handled, such as sexual assault, human trafficking, and lewd acts with children, as well as the division’s focus on victim support.
Hire a Lawyer for Arranging a Meeting with a Minor in San Diego County, CA
Attorney Michael Cindrich has decades of experience protecting clients in criminal court. If you have been charged with attempting to solicit a minor or arranging a meeting with a minor for sexual purposes, you need to contact his firm immediately. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and of course San Diego proper.
Contact Michael Cindrich today for a free consultation at (619) 262-2500.