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A Lewd or Lascivious Act on a Child by Force or Fear in Violation of Penal Code Section 288(b)(1) Can be Punishable by Life in Prison

By Walin & Klarich

At Wallin & Klarich, we handle a number of child molestation cases. If you or a loved one is charged with child molestation, it is important to speak with an experienced attorney who is knowledgeable on child molestation laws. The statute of limitations does not bar the defendant?s prosecution on child molestation charges under Section 288 charges because the one-strike provision of Penal Code Section 667.61 makes this offense punishable by life imprisonment. This allows the prosecution to still charge the crime even if it has passed the six-year statute of limitations. (People v. Perez, (Feb. 24, 2010, No. H033386.) The court held that section 667.61 is not an enhancement but is an alternate penalty scheme that, when charged, defines the length of imprisonment for the substantive offense...continue to full post

Full post as published by Southern California Criminal Defense Blog on May 04, 2010 (boomark / email).