Vista & San Diego Child Molestation Lawyer

Why Hire Peter Liss if You’re Accused of a Child Sex Crime

From the initial investigation through sentencing, Peter Liss provides clients with guidance and reassurance so they never feel they’re going through this difficult process alone. He personally handles all cases from start to finish. Throughout your case, he may:

• Arrange for your surrender or arrest away from your workplace, when possible.
• Work to lower your bail or have you released on your own recognizance.
• Investigate the allegations against you, including interviewing witnesses or looking for potential ulterior motives for the allegations.
• Advise you before and during police interviews.
• Attempt to secure evidence backing your alibi.
• Challenge improperly conducted forensic child interviews.
• Investigate and challenge physical evidence when appropriate.
• Work with psychologists and other experts as needed.
• File court motions to suppress illegally obtained evidence.
• Seek minimal charges and sentencing, including alternatives to sex offender registration.
• Negotiate plea agreements to serve your best interests.
• Defend you at trial when necessary.

About Child Molestation Charges in San Diego County

The most commonly filed child molestation charges involve someone being accused of inappropriately touching a young minor. These charges generally fall under Penal Code 288 (PC).² Under this law, “the lewd acts do not have to involve inherently sexual acts, but at least one person involved must have been seeking sexual pleasure from the activity,” explains attorney Peter Liss.

The specific allegations may fall under various subsections of 288 (PC), 288.5 (PC), or 647.6 (PC):

Lewd and Lascivious Acts With a Child: 288(a) (PC)

Most child molestation prosecutions in California involve allegations of lewd acts with a child under the age of 14, per Penal Code 288(a) (PC).

Aggravated Child Molestation: 288(b) (PC)

When someone molests a child through the use of force, violence, threats, or fear, they will face more serious charges under 288(b) (PC). This law does not require the threats to be against the victim, so if someone threatens to harm a child’s sibling or parent in order to molest the child, they could still qualify an incident as aggravated child molestation.

Sexual Acts Against a Minor Aged 14 or 15: 288(c) (PC)

While it’s not as common as lewd acts against a child under 14, it is also possible for those accused of these acts to be charged for sexual acts against a minor aged 14 or 15 if the defendant is more than 10 years older than the alleged victim. This offense is filed under Penal Code 288(c) (PC).

Continuous Sexual Abuse of a Child: 288.5 (PC)

Those accused of sexually abusing a child under 14 for an extended period of time may face enhanced penalties under Penal Code 288.5 (PC).³ This law can be applied in situations where the accused had recurring access to a child for at least three months and committed at least three sexual assaults during that period.

Annoying or Molesting a Child Allegations: 647.6 (PC)

When someone is accused of acting in a sexually inappropriate manner toward a minor, either through words, gestures, or actions that may disturb or emotionally harm the child, they can be charged with annoying or molesting a child under 18 (sometimes called sexually harassing a minor) under Penal Code 647.6 (PC).⁴ “The behavior does not have to involve physical contact, as long as the conduct can reasonably be seen as sexually motivated toward a minor,” says Liss.

Annoying and molesting a child charges can be applied regardless of the victim’s actual age, as long as the offender believes the other party is under 18.

Related Sex Crimes Against Children

Those accused of child molestation may face other charges related to their activities. Common allegations made against those charged with 288 (PC) include:

Statutory Rape: 261.5 (PC)

When someone has sexual intercourse with a minor under 18, they have committed statutory rape under 261.5 (PC).⁵ This charge can be applied whether or not the alleged victim consented or initiated the act, and regardless of their age. It can even be filed against other minors. The only exception applies when a juvenile has intercourse with their spouse.

Learn more by visiting our dedicated statutory rape practice page.

Soliciting a Minor for Sex: 288.4 (PC)

This offense can be filed when someone attempts to schedule a meeting with a child for lewd purposes. It does not matter how old the alleged victim actually is, only that the defendant believed they were under 18. Similarly, 288.4 (PC)⁶ allows for prosecution even if the meeting never occurred; however, those who do arrive at the planned meeting place face enhanced penalties.

For more information, visit our page on soliciting a minor for sex.

Penalties for Sex Crimes Involving Children in California

Regardless of the specific offense, sex crimes against children carry dramatic consequences in San Diego County. You could face jail or prison time, massive fines, mandatory registration as a sex offender, and your reputation may be permanently tarnished —even if you are not convicted.

The table below explains the basic sentences for these offenses:

Child Molestation Sentences in San Diego County

Penalties for even a first-time conviction for lewd acts with a minor can be severe. These charges are felonies, and sentencing can include up to 8 years in state prison and fines of up to $10,000.

Aggravated Child Molestation: Penal Code 288(b) (PC)

In cases where force, violence, or threats were used, the penalty can be increased to 10 years in prison.

Continuous Sexual Abuse of a Child: Penal Code 288.5 (PC)

When the sexual abuse occurs at least three times over the course of at least three months, the penalty can be increased to up to 16 years in prison.

Sexual Harassment of a Minor: 647.6 (PC)

Penalties for annoying or molesting a child under 647.6 (PC) are less severe and typically do not exceed one year in jail or prison. If you have a prior conviction for rape of a victim under 16, continuous sexual abuse of a child, or lewd acts with a child, you could face up to six years in prison for this crime.

Sex Offender Registration Laws for Sex Crimes Against Children

With the exception of statutory rape, these offenses all require mandatory registration as a sex offender —and judges can still require those convicted of statutory rape to register. Mandatory registration periods vary, with the minimum periods listed in the table above.

As a registered sex offender, your name, address, and the crimes you were convicted of will be available on the public Megan’s Law database.⁷ You will need to check in with the local government every time you move or change employers. Failure to register yearly can result in new criminal charges.

Child Molestation and the Three Strikes Law

Felony child molestation charges are almost always strikes under California’s Three Strikes law. Under this law, if you have a prior strike on your record, your sentence will be doubled, and if you have two prior strikes, you could face life imprisonment if you are accused of a felony child molestation offense.

Find more information on the Three Strikes Law here.

Additional Consequences of Sex Crimes Against Children

Aside from incarceration, fines, and registration on the Megan’s Law list, those convicted of these offenses may face other consequences. Most consequentially, you could lose your right to see your children or be in the presence of children.

Some licensed professionals may lose their certification, particularly those who work around children, such as teachers, nurses, therapists, and doctors.

“Some convicted child molesters are even required to undergo chemical or surgical castration as part of their probation,” notes Liss.⁸

How Child Molestation Cases Are Investigated

Child molestation investigations usually start with a report from a mandated reporter or a call from a witness, family member, friend, or family friend. Once police receive a report, they may begin collecting evidence by:

• Speaking with mandated reporters who interact with the child, such as daycare workers, teachers, pediatricians, and therapists.
• Interviewing witnesses.
• Reviewing medical records.
• Collecting physical evidence, when applicable.
• Speaking with other children who regularly interact with the suspect.
• Searching the suspect’s cell phones, tablets, and computers.
• Reviewing chat logs, text messages, and other electronic communications.
• Performing forensic interviews with the child themselves.
• Setting up a call between the suspect and the alleged victim.
• Interrogating the suspect.
• Working with CPS to remove the child from the home (if the suspect lives with the child).

Should I Talk to The Alleged Victim or Their Parents if They Call Me?

No. One common way San Diego County law enforcement officers obtain confessions for these crimes is to have the child or their parent call the suspect while police record the call.⁹

The child or parent will often use charged statements to get the suspect to admit guilt, for example, by saying the child is now having nightmares or that classmates are teasing them about what happened. “Even saying, ‘I’m sorry’ during these conversations can often be used as a confession of guilt,” warns Liss.

If you have been accused of a sex crime involving a child, do not answer phone calls from anyone involved in the case. Let unknown calls go to voicemail. If you answer by accident, do not discuss the accusations. State that you will call your lawyer, then do so immediately.

What to do If You Believe You Are Being Investigated for Child Molestation

What you do immediately following an allegation of sex crimes against children can play a major role in the resolution of your case. Early representation may also help minimize unnecessary publicity and protect your reputation while the case is pending. If someone has accused you of child molestation, immediately:

• Avoid communicating with the victim or their family members.
• Do not answer calls from unknown numbers.
• Never speak with the police.
• Avoid destroying potential evidence, such as texts, emails, and social media messages.
• Compile any evidence you have to support your defense.
• Contact a lawyer experienced in these charges.
• Do not discuss the allegations online, even on private accounts.

If you are accused of child molestation or similar sex crimes against children, call defense lawyer Peter Liss today at (760) 643-4050 for a free, confidential consultation.

What NOT to Say if You’re Accused of a Sex Crime Against a Child

Remember, what you say can be used against you, and even things you say to defend yourself may still be turned around on you and harm your defense later on. The following common attempts to deflect guilt can end up being misconstrued as confessions:

• “They Consented”
  Minors cannot legally consent. Claiming otherwise is considered a confession under the law, so avoid making such statements.
• “We Did Not Have Sex”
  Penetration is not required in molestation cases.
• “I Didn’t Touch the Victim”/”They Didn’t Touch Me”
  Child molestation does not necessarily involve any direct physical contact between the two parties. Convictions under 288 (PC) can be made after someone gets a child to touch themselves through clothing, and under 647.6 (PC), actions perceived as sexually motivated toward a child are sufficient.
• “I Thought They Were 18”
  This may be a defense against statutory rape. But with child molestation, annoying a child, or solicitation of a child, it does not matter how old you believed the child to be.
• “I Didn’t Even Get Turned On”
  Penal Code section 288 (PC) requires the accused to have intended sexual arousal or gratification, but the law does not require that arousal actually occur. Proof of intent is sufficient.

Common Defenses Against Child Sex Crime Charges

Sex offenses against children are serious offenses with complicated defenses. Because these allegations are emotionally charged, jurors, investigators, and even members of the public may form opinions before hearing all of the evidence. A strong defense focuses on testing the prosecution’s evidence rather than assumptions.

If you have been accused of any sexual activity involving a child, you may face significant challenges as you work to protect your reputation. Having an experienced defense attorney assist you with the process is critical when you are facing an emotionally charged allegation such as sexual assault against a child.

False Allegations

If anyone involved with the accusations could potentially benefit from your conviction, such as an ex-spouse hoping to gain custody, your criminal defense lawyer should bring that connection to light. This defense must be approached carefully, especially if you claim that an alleged child victim stands to gain something through the allegations.

Do not say anything to the police or prosecutors without an attorney present.

False Memories/Leading Questioning

“Sometimes a strong defense involves arguing a child’s memory has been ‘tainted’ through suggestive or leading interviews by a teacher, parent, therapist, or law enforcement officer,” explains Liss. Children may instinctively agree with adults, even when discussing their own personal experiences.¹⁰ If adults ask questions that might influence a child’s responses about the alleged incident, the child’s statements could potentially be considered inadmissible.

In many child molestation investigations, specially trained interviewers conduct recorded forensic interviews with the alleged child victim. These interviews are intended to minimize suggestive questioning, but mistakes can still occur. Leading questions, repeated interviews, or improper interviewing techniques may affect the reliability of a child’s statements. Additionally, sometimes parents, teachers, or other people around the child may taint their memory before the forensic interview ever takes place.

Mistaken Identity

In any offense involving witness testimony, mistaken identity can be a strong defense. This strategy can be particularly useful if the victim or witnesses did not get a good look at the child’s abuser or if you closely resemble another potential suspect.

No Sexual Intent

Child molestation laws require the activity to be performed with sexual intent. Without such an intent, the charge does not apply. If something was done for medical purposes, for example, it is not a form of child molestation.

Expert Testimony

Depending on the facts of the case, your attorney may also work with psychologists or other experts whose testimony may support your defense or rebut the prosecution’s allegations. This strategy may be particularly strong when paired with other defenses such as a lack of evidence or mistaken identity.

Lack of Evidence

Charges must be proved beyond a reasonable doubt. Finding sufficient evidence to prove that sexual activities occurred is difficult, particularly if the minor chooses not to participate in the investigation.

Police Misconduct

If the police uncover any evidence illegally, your attorney may be able to have this information suppressed from the case.

Invoke Your Right to Silence

Police may arrange recorded calls between the alleged victim and the accused individual, with the intention of gathering statements that could be used as evidence, including even simple remarks, such as “I’m sorry.”

Never speak to police, alleged victims, their parents, or the District Attorney without your child molestation defense attorney present to provide legal advice.

Call Attorney Peter M. Liss Today

If you believe you’re under investigation or have already been arrested, don’t wait for charges to be filed before speaking with a defense attorney. Early legal representation can help protect your rights, preserve evidence, and prevent you from making statements that could later be used against you.

Attorney Peter M. Liss has over 40 years of experience defending clients accused of child molestation and other serious sex offenses involving children in Vista and throughout North San Diego County.

Call (760) 643-4050 today for a free, confidential consultation.