California POST Requalification Practice Test

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The Penal Code section that defines lewd or lascivious acts with a child under 14 is which?

PC 288

The key idea is identifying the statute that criminalizes sexual acts with a very young child. California Penal Code 288 specifically covers lewd or lascivious acts with a child under 14. The act must be willful and lewd, with the intent to arouse or satisfy the sexual desires of the offender or the child, and it can involve touching the child’s body or touching the offender’s body or clothing in a sexual way, with the victim being under 14.

This is distinct from other related offenses: for example, 288.5 addresses continuous sexual abuse of a child (a pattern of acts), while 286 covers sodomy and 285 covers incest. The under-14 age requirement is the defining feature that places these acts under 288.

PC 285

PC 288.5

PC 286

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