Sexual Assault on a Minor Under 10 – PC 288.7

The moment a person learns they are being investigated for a violation of Penal Code 288.7, every decision matters. Statements to police, communications with witnesses, and actions taken in the first days of an investigation can have a lasting impact on the outcome of the case. Because a conviction may lead to life in prison, securing knowledgeable legal counsel immediately is often one of the most important steps a person can take to protect their rights and future.

California Penal Code 288.7 is one of the most serious sex crime statutes in the state. The law applies when an adult is accused of engaging in certain sexual acts with a child who is 10 years old or younger. Prosecutors aggressively pursue these allegations, and a conviction can result in an indeterminate life sentence, mandatory sex offender registration, and consequences that extend far beyond incarceration.

The Law Office of Kristine Koo represents individuals accused of serious criminal offenses throughout Orange County and Southern California. Attorney Kristine Koo is a former prosecutor, former public defender, and experienced criminal defense trial lawyer who has spent her career handling complex criminal cases from both sides of the courtroom. Her background provides valuable insight into how prosecutors investigate allegations, assess evidence, negotiate cases, and prepare for trial. For individuals facing allegations under Penal Code 288.7, that experience can be critical.

Penal Code 288.7

Penal Code 288.7 applies only when the accused is 18 years of age or older and the alleged victim is 10 years old or younger. The statute is divided into two separate categories based on the conduct alleged.

Penal Code 288.7(a) applies when an adult allegedly engages in sexual intercourse or sodomy with a child age 10 or younger. Sodomy is separately defined under Penal Code 286, but when the age requirements of Penal Code 288.7 are met, the offense carries a sentence of 25 years to life in state prison.

Penal Code 288.7(b) applies when an adult allegedly engages in oral copulation or sexual penetration with a child age 10 or younger. Oral copulation is addressed under Penal Code 287, while sexual penetration is defined under Penal Code 289. A conviction under Penal Code 288.7(b) carries a sentence of 15 years to life in state prison.

Unlike many criminal charges, Penal Code 288.7 does not involve relatively short determinate prison terms. The statute is specifically designed to punish conduct that the Legislature has deemed among the most serious offenses against children.

Sentencing and Life Prison Exposure

One of the first questions people ask after learning they are being investigated or charged is whether life imprisonment is actually possible. The answer is yes.

A conviction under Penal Code 288.7(a) carries a sentence of 25 years to life in state prison. A conviction under Penal Code 288.7(b) carries a sentence of 15 years to life in state prison.

These are indeterminate life sentences. This means that while a defendant must serve a minimum term before becoming eligible for parole consideration, the sentence itself is a life term. A person convicted under Penal Code 288.7 may remain incarcerated for life.

In some cases, prosecutors may file multiple counts based upon separate allegations. When multiple counts are charged, sentencing exposure can increase substantially. The prosecution may also allege other offenses arising from the same facts, including Penal Code 288, which prohibits lewd or lascivious acts involving a child, or Penal Code 269, aggravated sexual assault of a child, another offense that carries life sentence exposure.

The severity of the potential punishment makes early intervention by an experienced criminal defense attorney especially important.

How Prosecutors Build PC 288.7 Cases

Many people assume these cases begin with an arrest. In reality, investigations often begin long before charges are filed.

A report may originate from a parent, teacher, school employee, medical provider, therapist, social worker, or another third party. Law enforcement may then coordinate with child protective agencies, conduct forensic interviews, gather medical records, review electronic communications, and seek search warrants.

In some situations, a person becomes aware of an investigation only after detectives request an interview. In others, the first indication is an arrest or the execution of a search warrant.

Evidence commonly relied upon by prosecutors includes:

• Statements made by the child
• Statements made by parents or relatives
• Forensic interview recordings
• Medical examinations
• Text messages and electronic communications
• Social media records
• Photographs and digital evidence
• Statements made by the accused

Because allegations involving children often involve highly emotional circumstances, investigators may focus heavily on obtaining statements. What was said, how it was said, when it was said, and who asked the questions can become significant issues in the defense of a case.

What the Prosecution Must Prove

Like every criminal charge, Penal Code 288.7 allegations must be proven beyond a reasonable doubt.

The prosecution generally must establish that the defendant was at least 18 years old at the time of the alleged offense, that the alleged victim was 10 years old or younger, and that the defendant engaged in the specific conduct prohibited by the statute.

The burden of proof remains entirely on the prosecution. A defendant is not required to prove innocence.

Although prosecutors often present allegations as straightforward, these cases frequently involve conflicting statements, inconsistent timelines, memory issues, credibility disputes, and questions concerning how evidence was collected and interpreted. A careful review of the evidence can reveal significant weaknesses in the government’s case.

Potential Defenses to Penal Code 288.7 Allegations

No defense strategy applies to every case. The most effective approach depends upon the evidence, witnesses, timeline, and circumstances involved.

Potential defense issues may include:

• The alleged conduct never occurred.
• The accusation is false or mistaken.
• The evidence does not establish the specific conduct required under Penal Code 288.7.
• Witnesses provided inconsistent statements.
• The alleged timeline is inaccurate or impossible.
• The child was subjected to suggestive or improper questioning.
• Medical evidence does not support the allegation.
• Digital evidence contradicts the prosecution’s theory.
• The accused was misidentified.
• Constitutional violations occurred during the investigation.

In some cases, the defense may focus on preventing charges from being filed. In others, the strategy may involve challenging evidence through pretrial motions, attacking witness credibility, negotiating with prosecutors, or preparing for trial.

Attorney Kristine Koo’s experience as both a prosecutor and defense lawyer allows her to evaluate cases from multiple perspectives and identify weaknesses that may not be immediately apparent.

Statute of Limitations for Penal Code 288.7

The statute of limitations determines how long prosecutors have to file criminal charges after an alleged offense occurs.

For Penal Code 288.7, the applicable law is generally Penal Code 799. Under Penal Code 799, prosecution for an offense punishable by life imprisonment may be commenced at any time.

Because Penal Code 288.7 carries a life sentence, there is generally no statute of limitations restricting when prosecutors may file charges. Allegations that are years or even decades old may still result in prosecution.

This makes the defense investigation particularly important. As time passes, memories fade, witnesses become unavailable, records disappear, and evidence may become more difficult to evaluate. A defense attorney must carefully examine the circumstances surrounding delayed allegations and determine whether evidentiary weaknesses exist.

Consequences Beyond a Criminal Sentence

The potential consequences of a Penal Code 288.7 conviction extend well beyond imprisonment.

A conviction may trigger mandatory sex offender registration under Penal Code 290. Registration requirements can affect housing opportunities, employment prospects, professional licensing, travel, and personal privacy.

Individuals convicted of serious sex offenses may also face immigration consequences, restrictions on firearm ownership, family court complications, protective orders, and long-term reputational damage.

Even before a case reaches trial, allegations alone can affect careers, relationships, educational opportunities, and standing within the community.

Because the consequences are so significant, every decision made during an investigation and prosecution should be approached carefully and strategically.

What To Do If You Are Under Investigation

If you learn that you are being investigated for violating Penal Code 288.7, it is important to take the situation seriously.

Do not speak with law enforcement before consulting an attorney. Do not contact the alleged victim or the alleged victim’s family. Do not attempt to explain the situation through text messages, emails, social media posts, or recorded phone calls. Do not destroy or delete potential evidence.

Instead, preserve information that may be relevant to your defense and seek legal counsel immediately. Early representation often provides the best opportunity to protect your rights and begin building a defense before prosecutors make critical charging decisions.

Speak With an Orange County PC 288.7 Defense Lawyer

An allegation involving Penal Code 288.7 can place every aspect of your future at risk. When a case carries the possibility of life imprisonment, mandatory sex offender registration, and permanent collateral consequences, experienced legal representation is essential.

Attorney Kristine Koo brings a unique perspective to serious criminal cases. As a former prosecutor, former public defender, and seasoned trial lawyer, she understands how law enforcement agencies investigate allegations, how prosecutors evaluate evidence, and how to challenge the government’s case at every stage of the proceedings.

The Law Office of Kristine Koo represents clients throughout Orange County and Southern California who are facing serious criminal accusations. If you are under investigation, have been arrested, or have been charged with violating Penal Code 288.7, obtaining legal guidance as early as possible can make a meaningful difference in the outcome of your case. Speaking with an experienced criminal defense attorney is an important first step toward protecting your rights, your freedom, and your future.