Penal Code 288.2 — Sending Harmful Matter with the Intent to Seduce a Minor
Penal Code 288.2 punishes sending explicit or “obscene” material to a person under the age of 18.
What the Prosecutor Must Prove to Convict a Defendant under Penal Code 288.2
In order to be convicted of sending harmful matter with the intent to seduce a minor, the prosecutor must prove beyond a reasonable doubt that any “harmful”, “explicit” or “obscene” material:
- Was purposefully sent, distributed, exhibited to a minor by any method of communication,
- The sender knew that knew, or should have know, that the intended recipient was a minor
- The sender had the specific intent to arouse the sexual desire of himself and/or the minor, AND
- The sender intended to entice the minor to engage in some physical sexual contact.
Charges under Penal Code 288.2 commonly result from adults sending sexual materials to minors over the internet — for example, in internet chat rooms — and by cell phone, including through text message, Face book, Instagram and MySpace.
Punishments for Violations of Penal Code 288.2
Penal Code 288.2 are “wobbler” offenses, meaning they can be charged as a misdemeanor or a felony depending on the specific facts and circumstances of the case, including the age of victim and the number of communication. A second conviction under Section 288.2 is an automatic felony.
A misdemeanor violation can be punished by up to 6 months in county jail and a $1,000 fine.
A felony violation can be punished by up to 3 years in state prison, a $10,000 fine, and having to register as a lifetime California Sex Offender under Penal Code 290.
Contact Us Now
Schwartz & Naderi’s team of criminal defense attorneys has over 80 years of combined experience aggressively defending clients facing all types of sex-related charges, including the crime of sending harmful sexual materials to minors, and will strategize a vigorous defense from the moment of arrest until the completion of the case.
If you or a loved one has been charged with any sex offense, contact a Los Angeles criminal defense attorney from Schwartz & Naderi today at (310) 246-9550.