Donte T Wyatt -
Child Molest is a difficult subject. Make sure you have a good criminal attorney.
Child Molestation is one of the most difficult types of cases to deal with as an attorney. These cases present a
myriad of issues that are not easily traversed. First, the victim will always appear very sympathetic, regardless
if the victim is telling the truth. In addition, because of the age of the victim they can often be manipulated by
other adults that have ulterior motives to make the minor believe that something occurred that actually did not
occur or wasn’t intended to be sexual in nature. Therefore it is essential that if a person is ever accused of such
a crime they contact competent counsel immediately. In addition to the sensitive nature of the crimes the charging
statues and evidence code section pertaining to these type of charges are very extensive therefore it is important
that the attorney you retain is familiar with these charges and knows how to best navigate through this very
complicated area of the criminal justice system.
288. (a) Except as provided in subdivision (i), any person who willfully and lewdly commits any lewd or
lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body,
or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing
to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and
shall be punished by imprisonment in the state prison for three, six, or eight years.
(b) (1) Any person who commits an act described in subdivision (a) by use of force, violence, duress, menace, or
fear of immediate and unlawful bodily injury on the victim or another person, is guilty of a felony and shall be
punished by imprisonment in the state prison for 5, 8, or 10 years.
(2) Any person who is a caretaker and commits an act described in
subdivision (a) upon a dependent person by use of force, violence, duress, menace, or fear of immediate and
unlawful bodily injury on the victim or another person, with the intent described in
subdivision (a), is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10
(c) (1) Any person who commits an act described in subdivision (a) with the intent described in that subdivision,
and the victim is a child of 14 or 15 years, and that person is at least 10 years older than the child, is guilty
of a public offense and shall be punished
by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more
than one year. In determining whether the person is at least 10 years older than the child, the difference in age
shall be measured from the birth date of
the person to the birth date of the child.
In addition, to the complexities of the charging statue the Evidence code has a specific section that empowers
prosecutors to utilize prior acts of sexual misconduct in order to prove the current child molest charges. An
experienced criminal defense attorney have to be not only familiar with these evidence code sections, but further
familiar with the underlying court law that interprets these statutory rule and ultimately competent at preparing
and presenting arguments against the use of such evidence.
1108. (a) In a criminal action in which the defendant is accused of a sexual offense, evidence of the defendant's
commission of another sexual offense or offenses is not made inadmissible by Section 1101, if the evidence is not
inadmissible pursuant to Section 352.
(b) In an action in which evidence is to be offered under this section, the people shall disclose the evidence to
the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to
be offered in compliance with the
provisions of Section 1054.7 of the Penal Code.
(c) This section shall not be construed to limit the admission or consideration of evidence under any other section
of this code.
(d) As used in this section, the following definitions shall apply:
(1) "Sexual offense" means a crime under the law of a state or of the United States that involved any of the
(A) Any conduct proscribed by Section 243.4, 261, 261.5, 262, 264.1, 266c, 269, 286, 288, 288a, 288.2, 288.5, or
289, or subdivision (b), (c), or (d) of Section 311.2 or Section 311.3, 311.4, 311.10, 311.11, 314, or 647.6, of
the Penal Code.
(B) Any conduct proscribed by Section 220 of the Penal Code, except assault with intent to commit mayhem.
(C) Contact, without consent, between any part of the defendant's body or an object and the genitals or anus of
(D) Contact, without consent, between the genitals or anus of the defendant and any part of another person's
(E) Deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on
(F) An attempt or conspiracy to engage in conduct described in this paragraph.
(2) "Consent" shall have the same meaning as provided in Section 261.6 of the Penal Code, except that it does not
include consent which is legally ineffective because of the age, mental disorder, or developmental or physical
disability of the victim.
Child molest station cases can result in registering as a sex offender for the rest of your life and long prison
terms therefore it is critical that you hire a competent attorney if even a allegation is made because when these
cases start rolling down hill it is very difficult to slow them down. Hence you need to insure any attorney that
you hire is not only comfortable with the sensitive nature of the charges but is also capable of effectively
guiding you through the myriad of convoluted and complex legal and evidentiary issue that present themselves in
this type of case. Attorney Donte T. Wyatt has handled these types of cases and is familiar with the Penal Code
sections and Evidence code sections that will prove critical to any effective defense against these types of