Child Human Trafficking - PC 266

Criminal Defense Picture

What is child human trafficking?

California Penal Code 266 PC is a law that makes it illegal to engage in a lewd act with a minor under the age of 14. This law is in place to protect minors from sexual abuse and exploitation.

Under California Penal Code 266 PC, it is a crime for an adult to engage in any lewd or lascivious act with a minor under the age of 14. This includes acts such as touching the minor’s body for the purpose of sexual gratification, causing the minor to touch another person’s body for sexual gratification, or causing the minor to look at or listen to sexual material.

The law also covers any acts done with the intent to arouse, appeal to, or gratify the lust or passions, or sexual desires of either the adult or the minor. An adult cannot be found guilty of this crime unless it is proven that they acted with the intent to arouse, appeal to, or gratify the lust or passions, or sexual desires of either the adult or the minor.

In order for a person to be found guilty of these charges, the prosecution must prove that a person committed the act with the specific intent to arouse, appeal to, or gratify the lust or passions, or sexual desires of either the adult or the minor. If the prosecution is unable to prove this, then the defendant cannot be found guilty of the crime.

Penalties and fines:

The penalties for violating California Penal Code 266 PC depend on the age of the minor involved. If the minor is under 14 years of age, the crime is considered a felony and can result in a sentence of three (3), six (6), or eight (8) years in state prison. In addition, the person could be required to register as a sex offender for life.

If the minor is between the ages of 14 and 17, the crime is considered a “wobbler”, meaning that the prosecution can choose to charge it as either a misdemeanor or a felony. The penalties for a misdemeanor conviction include up to one year in county jail, a fine of up to $1,000, or both. The penalties for a felony conviction include a sentence of two (2), three (3), or four (4) years in state prison, a fine of up to $10,000, or both.

Possible defenses:

California Penal Code 266 PC is an important law that is in place to protect minors from exploitation and abuse. If you have been charged with a violation of this law, it is important that you seek legal counsel immediately. An experienced criminal defense attorney can help you navigate the legal system and ensure that your rights are protected.

1. No minor

If an accused is to be held accountable for any of the offenses outlined in this law, the intended victim must have been a minor. Defense lawyers can use this as a defense if they can prove the victim was 18 years or older. For example, enticement or inveiglement may have been aimed at an adult.

2. Entrapment

In several cases, suspects are arrested and accused after an undercover sting. However, any charges must be dropped if the officer lured the suspect into committing the crime. This “luring” is termed entrapment, and it is an acceptable legal defense in such cases, provided the accused can prove that they only committed the crime due to the entrapment.

3. Falsely accused

The cases involving minors often lead to wrongful arrests due to false accusations. Emotions such as anger, revenge, and jealousy can lead to false accusations of such a crime.

Can this be cleared from someone's record?

In certain circumstances, it is possible for a person to clear a conviction from their record. This is known as expungement and can be requested if the conviction was for a misdemeanor and the person has successfully completed their jail term or probation. Unfortunately, an expungement is not possible if the conviction was for a felony or if the offense was punished with prison time. However, it is possible to reduce the severity of a felony conviction in some cases.

Can this affect gun rights?

In the state of California, individuals convicted of misdemeanors will not experience any sort of restriction or limitation on their gun rights. However, those convicted of felonies will be subject to certain limitations. According to state law, convicted felons are not able to purchase, own, or possess a gun. These limitations are important to note, as they can have serious implications for individuals who have been convicted of felonies and may not be aware of the consequences.

It is important to note that these regulations are in place to ensure the safety and security of individuals in the state of California. With the understanding of these regulations, individuals can take the necessary steps to abide by the laws and protect themselves. Additionally, individuals convicted of felonies may be able to have their gun rights restored in certain cases. Therefore, it is important for individuals to understand their rights in the state of California and take the necessary steps to protect themselves.

Related offenses:

The carnal abuse of a child is a serious crime in California and carries a number of severe penalties. According to California Penal Code, there are three main offenses that fall under the umbrella of carnal abuse of a child.

The first is Penal Code 288.3 PC, which makes it a crime to contact or communicate with a minor with the intent to commit certain California sex crimes or other serious felonies involving that minor. If the accused is found to have had sexual intercourse with a minor, involving oral copulation or lewd acts, and the minor was under the age of fourteen, they can be charged under both PC 266 and PC 288.3.

The second offense is provided by Penal Code 288.4 PC, which makes it a crime to arrange a meeting with a minor while motivated by an abnormal sexual interest in children and with the intent to engage in certain sexual conduct with the minor at the meeting.

Finally, the third offense is pimping, described in Penal Code 266h PC. This offense involves the receipt of all or part of the revenue from another person’s work as a prostitute. This offense is distinct from pandering, which is described in Penal Code 266i PC. In cases of carnal abuse of a child, it is not necessary to prove that the accused had received financial gain from a sexual act.

If you find yourself facing an embezzlement charge or even a similar criminal charge, then you can contact us at H Law Group for more information or even legal counsel. To contact us, please visit our website at the following link: https://www.thehfirm.com/