Southern California Defense Blog

To touch a child for the purposes of sexual gratification is often referred to as “lewd and lascivious conduct.” Codified in the California Penal Code §288, this crime is prosecuted as either a felony or misdemeanor and is generally charged when the victim is under 14 years of age

Although this is a serious offense, there are a number of repercussions that can result beyond a jail sentence and fines:

• A felony charge can result in a strike for the purposes of California’s Three Strikes Law.
• Offenders may be required to register with local authorities as a sex offender for the rest of their lives pursuant to Penal Code 290.
• Offenders may also have their picture and information available to the public online pursuant to Megan’s Law.
• An additional five years in state prison may be added to any existing sentence if it is shown that the victim suffered great bodily injury.

You should not face a serious allegation such as child molestation without an experienced sex crimes attorney fighting for you. Our attorneys at Wallin & Klarich have been in practice for over 30 years and can help you achieve the best possible result in your case. Call us today at 888-280-6839 or visit us online at www.wklaw.com. We will be there for you when you call.

You can only hope to never be charged with a crime, let alone a crime of lewd and lascivious acts with a minor. There is no greater public stigma in this day and age than being accused of a sexual act with a minor – it is the “scarlet letter” of crimes.

From your initial contact with police to your first appearance in front of a Judge, being charged with a crime of lewd and lascivious acts with a minor in California can be a very intimidating and overwhelming experience.

You must be sure to have a criminal defense attorney who is well-versed with the laws involving sex crimes, who knows the nuances and specialized rules involved in plea bargaining these types of cases, and who knows the ins and outs of handling a sex crime trial, which can be very daunting compared to other crimes.

To navigate through the court system successfully, get the competent representation you will need for your defense. Wallin & Klarich has over thirty years of experience as sex crimes defense attorneys and can represent you in this difficult and stressful time in your life. Visit our website at www.wklaw.com and feel free to call us at 888-280-6839. With offices throughout the Los Angeles, San Bernardino, Riverside, Ventura, San Diego and Orange Counties, we will be there when you call.

The attorneys at Wallin & Klarich find it shocking that people would question the NCAA's ability to sanction Penn State for the coward “look the other way” conduct of many people in their athletic department. The inaction by so many led directly to innocent children being molested. A Lewd and lascivious act on a child is a very serious offense, and in this case, Sandusky's inappropriate behavior with children will leave scars for many of the victims for the rest of their lives.

The NCAA imposes sanctions when members of the athletic program violate "recruiting rules" and purchase sneakers for players. Additionally, when athletic boosters take out possible recruits to dinner, the NCAA imposes sanctions.

Then, how can it be questioned when the NCAA imposes sanctions on Penn State for ignoring years of lewd and lascivious acts with children by a member of their football staff?
What shocks me is that the "win at any cost mentality" is so pervasive in college sports today that has people overlooking what happened here.

Paterno is dead. It seems only one other person is going to be prosecuted for failing to protect these kids. Who else other than the NCAA is in a better position to punish Penn State?
The NCAA had no choice but to act swiftly to send a clear message to everyone that football "wins" are much less important than protecting those that abuse children.

If in fact Joe Paterno was advised of sexual activity between Sandusky and minors -- which in California law would fall under PC 288 Lewd and Lascivious Acts with Child -- he had a legal obligation to report them to the police and social workers. IF he failed to do so and he had been in California, he could have been prosecuted for a crime. I have to assume there is a similar law in Pennsylvania. If it turns out to be true that Paterno knew about the allegations and failed to report them, then it could be argued his inaction lead to many boys being molested, which certainly will leave them with long term psychological scars for years to come. If that is the case, it would only seem justified that his statue be removed from the campus.

His success as a football coach should never "overshadow" the fact (if found out be true) that his inaction would have lead to such horrible consequences to so many young boys.
However, the evidence is not all in, and this must be left to the people at Penn State who will have to make the decision after they review all of the facts. All we know is what is written in this news report and of course there is much more evidence we are not aware of yet.

The Los Angeles criminal defense attorneys at Wallin & Klarich have represented clients facing all types of criminal charges for over 30 years. If you or a loved one has been accused of a lewd or lascivious act with a minor in California (CPC 288), please contact us today at 888-280-6839 to receive our immediate assistance.

It has been reported that Anthony Serrano, 45, who has been in charge of the Santa Ana Boxing Club for the past 10 years was arrested on Sunday after police received a complaint involving a 15-year-old boy, who is in the boxing program accusing Mr. Serrano of Lewd and Lascivious acts with a minor in Orange County.

The victim was described by police as being a promising young boxer. Serrano allegedly kissed the boy in public at tournaments, as well as at the club, and molested him as many as 50 times over the past year.

"There were several incidents of fondling, as well as physical groping and kissing," said Santa Ana Police Cpl. Anthony Bertagna.

Serrano is well known locally for trying to keep young people off the streets through boxing. He was a former gang member who turned his own life around.

"He looks for kids that are vulnerable, kids that are looking up to him as a mentor, looking up to him as somebody to teach them a skill, and he's taking advantage of it," Bertagna said.
Joshua Diaz, the suspect's roommate and a former boxer in the club, claims the alleged victim's mother made up the accusations following a personal dispute with Serrano over an unrelated matter.

"It's all false accusations. It's all a lie, it's a big lie," said Joshua Diaz, the suspect's roommate.
When someone is accused of sexual abuse it is common for everyone to rush to judgment and instead of presuming him innocent (as our law requires) they immediately believe he is guilty.

In this case there are allegations at the alleged victims mother had a motive to make up these allegations. We will not know the truth until a jury decides if in fact he is guilty or not guilty. Our system works if the public will allow it to work and reserve judgment.

If the accused is found guilty the court system will punish him severely and he will have to register as a sex offender. If it turns out that he his not guilty, his life will still be severely destroyed due to the adverse publicity associated with a wrongful accusation of sexual abuse.

If you or a loved one has been accused of lewd or lascivious acts with a child younger than 14 or 15 years old, call the Southern California criminal defense attorneys at Wallin & Klarich today at 888-280-6839. For over 30 years, we have defended innocent individuals who were wrongfully accused of child molestation in Los Angeles, Orange, San Diego, San Bernardino, and Riverside Counties.

With the LA Unified School District under fire for the recent child molestation scandal involving two different teachers at the same elementary school, down the road in Orange County, another case of alleged inappropriate behavior between a student and a teacher has flown a bit under the radar. A high school teacher in Anaheim Hills has been accused of lewd and lascivious acts with a 14 year old student.

Details surrounding the case are unclear, but initial police reports suggest that Joshua Evans developed a relationship with one of his students through text messages and a game played via cell phones. That relationship eventually led to Evans and the student meeting at a second student’s house, where Evans allegedly hugged the student and kissed her on the mouth.

The sex crimes attorneys at Wallin and Klarich have handled dozens of cases like this where a student exaggerates a story to get a teacher in trouble. Whether or not that is the case in this situation remains to be seen, but what we do know is that because the girl is between the ages of 14 and 15, and there is more than a 10 year discrepancy in age between Evans and the girl, he can be charged with either a felony or a misdemeanor. If convicted, he faces up to 3 years in state prison and would have to register as a sex offender for the rest of his life.

We’re still waiting for more details to emerge, and we will keep you posted on this case as we find out more information.