Penal Code 288.4 PC - Arranging a Meeting with a Minor for Lewd Purposes

California Penal Code 288.4 PC is the statute making it a crime to arrange a meeting with a minor under 18 with the intent to engage in sexual activity conduct at the meeting. This sex crime is a wobbler that can be charged as a misdemeanor or a felony and carries up to four years in jail and a requirement to register as a sex offender.

Notably, you do not have to go to the meeting you arranged. It's a crime even to attempt to arrange a meeting with a minor for sexual purposes, whether such lewd conduct occurs. This law was passed in 2006 and is designed to catch would-be child sexual predators in the process of luring children.

California has strict laws against sexual predators, especially anyone seeking sexual contact with minors to commit statutory rape (Penal Code 261.5 PC). PC 288.4 arranging a meeting with a minor for lewd or lascivious acts is often called “solicitation of a minor.”  

PC 288.4 says, “(a) (1) Every person who, motivated by an unnatural or abnormal sexual interest in children, arranges a meeting with a minor or a person they believe to be a minor for the purpose of exposing their genitals or pubic or rectal area, having the child expose their genitals or pubic or rectal area, or engaging in lewd or lascivious behavior, shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.

(2) Every person who violates this subdivision after a prior conviction for an offense listed in subdivision (c) of Section 290 shall be punished by imprisonment in the state prison.

(b) Every person described in paragraph (1) of subdivision (a) who goes to the arranged meeting place at or about the arranged time shall be punished by imprisonment in the state prison for two, three, or four years.

(c) Nothing in this section shall preclude or prohibit prosecution under any other provision of law.”

Penal Code 288.4 PC – Quick Facts

There are some essential facts you should know about California Penal Code 288.4 PC arrange a meeting with a minor for lewd purposes law, such as the following:

  • You can violate this law even if no meeting occurs. Just arranging the meeting is sufficient to be found guilty.
  • The law applies even if no sexual conduct occurs during the meeting in the event an encounter occurs.
  • There are enhanced penalties if you attend the meeting you arranged.
  • You must only believe the victim is under 18 to be found guilty, meaning their age is irrelevant.
  • Law enforcement will often pose as minors online to see if would-be sexual predators attempt to arrange a meeting with them. They will go into internet chat rooms or answer Craigslist ads from people seeking sex with minors.
  • PC 288.4 only targets people intending to engage in sexual conduct with minors.

What is the Legal Definition of PC 288.4? 

The legal definition of Penal Code 288.4 PC arranging to meet with a minor for lewd purposes includes the “elements of the crime,” which must be proven beyond a reasonable doubt by the prosecutor to be found guilty, including the following: 

  • You arranged a meeting with a minor under the age of 18, or
  • Someone you believed was a minor,
  • You were motivated by an "unnatural or abnormal sexual interest" in the minor and
  • You had the intent to engage in lewd or lascivious behavior with the minor during this meeting.

Evidence for an “unnatural sexual interest” often comes from your prior relationship with the minor, such as texts, emails, phone calls, etc. Suppose you arranged the meeting without any sexual motivation. In that case, you can't be found guilty of arranging to meet with a minor for lewd purposes.

What is Intent to Engage in Lewd Conduct?

PC 288.4 makes it a crime for anyone to arrange a meeting with a minor under the age of 18 while motivated by an unnatural or abnormal sexual interest in children. To be found guilty of violating this law, you must have intended to do one of the following acts at the meeting: 

  • Expose your genitals, pubic, or rectal areas,
  • Have the minor expose their genitals, pubic, or rectal areas, or
  • Engage in "lewd or lascivious conduct" with the minor, such as touching them for sexual gratification or arousal, including any part of their body or through their clothes.

What Are Related Crimes?

California has numerous laws related to Penal Code 288.4 PC arranging a meeting with a minor for lewd purposes, including the following:

What Are the Penalties for PC 288.4?

Arranging a meeting with a minor for lewd purposes can be filed as a felony or a misdemeanor, depending on case details and your criminal history. In most cases, PC 288.4 is a misdemeanor under California law with the following penalties:

  • Up to one year in county jail and
  • Fines up to $5,000,
  • Summary probation

PC 288.4 can be charged with a felony if you have a prior conviction for a sex crime requiring you to register under California's Sex Offender Registration Act, which includes crimes such as:

Also, you could be charged with a felony if you attend the meeting you set up with the minor, regardless of whether sexual conduct occurred. If you're convicted of a felony under PC 288.4, you could face:

  • 16 months, two or three years in state prison, and
  • A fine of up to $10,000,
  • Formal probation.

Do You Have to Register as a Sex Offender? 

PC 288.4 arranging a meeting with a minor for lewd purposes will include the registration requirement on California's Sex Offender Registration under Penal Code 290 PC, even if no sexual activity occurred, such as:

  • A misdemeanor requires registration as a Tier 1 sex offender with a 10-year minimum requirement.
  • A felony requires registration as a Tier 3 sex offender for life.

Sex offender registration requires you to register with the local police or the county sheriff where you live. It must be renewed every year within five days of your birthday and when you move to a new location. 

What Are the Legal Defenses for PC 288.4?

If you are accused of violating PC 288.4, our California criminal defense attorneys can use different strategies, as discussed below.  

California Penal Code 288.4 PC - Arrange a Meeting with a Minor for Lewd Purposes
PC 288.4 makes it a crime to just arrange a meeting with a minor for lewd purposes.

Maybe we can argue you did not know or believe the other person was a minor. Perhaps we can say that you did not have an "unnatural or abnormal sexual interest" in the child. 

You can only be guilty of arranging a meeting with a minor for sexual purposes if you were motivated by a sexual interest in children when you arranged the meeting. Maybe we can argue that you had no intent to engage in lewd or lascivious conduct during your planned meeting.

Perhaps you are the victim of police entrapment. Law enforcement officers will pose as minors to entice perpetrators to set up meetings with them. Sometimes, they are overzealous and will persuade you to commit a crime you would have otherwise not committed.

If their tactic goes too far, such as using harassment, threats, or flattery to persuade you to set up an illicit meeting that you would otherwise not have done, it might be considered entrapment, and the charges might be dismissed. Perhaps we can convince the prosecutor not to file formal charges (DA reject). Contact our law firm for a free case evaluation. The Hedding Law Firm is based in Los Angeles, CA. 

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