Law Against Contacting a Minor to Commit a Felony
There are many different laws in place to protect the security and well-being of minors in California. There are laws against committing felonies against minors, attempting to commit crimes, and a whole myriad of other criminal actions. This article will provide a brief overview of the following crime: contacting a minor with the intent to commit a felony against them.
The Elements of the Crime and List of Attributable Felonies
This specific crime does not apply to all criminal actions or even felonies. There is a list of felonies this charge can involve. The defendant must have contacted the minor in order to commit one or more of the following felony offenses, as delineated by California Penal Code Section 288.3: kidnapping, rape, oral copulation, lewd acts, child endangerment, sexual penetration by force, distributing obscene material, and other acts included in the penal code. The prosecutor must prove a strict set of elements in order to convict the defendant. There must be enough evidence to determine, beyond a reasonable doubt, that the defendant contacted or attempted to contact the minor with the intention to commit one of the applicable felonies against a victim whom the defendant should have reasonably known was a minor.
Penalties for Contacting the Minor
Contacting a minor in order to commit a felony is a serious offense. Those who are found guilty of this crime face the same penalties as if they had been found guilty of the felony crime itself. For example, if a person is found guilty of contacting a minor in order to kidnap the victim, the defendant faces penalties for kidnapping a minor. Therefore, the penalties vary depending on the felony that would have been committed. While each penalty is different, all defendant will face multiple years in a state prison and fines. As well, they will have to register as a sex offender in California’s sex offender’s registry; the number of required years of registration will depend on the intended felony.