California Penal Code § 288

Under California Penal Code § 288, California Penal Code § 288 makes it a felony to commit a lewd or lascivious act on a child under 14. Acts under § 288 are among the offenses that define “childhood sexual assault” for civil claims under CCP § 340.1 — which has no filing deadline.

Reviewed against the current statutory text at leginfo.legislature.ca.gov. This page is legal information, not legal advice.

Exact Statute Text

Read the full, current section at the official source: Cal. Penal Code § 288 (leginfo).

In Plain English

• Criminal definition: § 288 covers lewd or lascivious acts on a child under 14; force or duress increases the penalty.
• Civil connection: § 288 acts are expressly among the offenses defining “childhood sexual assault” in CCP § 340.1(c).
• No civil deadline: childhood-abuse civil claims under § 340.1 have no statute of limitations.
• Institutions included: survivors can pursue civil claims against enabling institutions, not just the abuser.

Key Terms Defined

Lewd or lascivious act

A sexual touching of a child done with the intent of sexual gratification, as defined in § 288.

Childhood sexual assault

The civil-law category (CCP § 340.1(c)) that incorporates § 288 acts and carries no filing deadline.

Duress

Coercion by threat or pressure — an aggravating circumstance under § 288(b).

Purpose & Context

Section 288 is the criminal statute protecting children from sexual abuse. It also anchors civil accountability: because § 340.1 incorporates § 288 acts and imposes no deadline, adult survivors of childhood abuse can still sue the abuser and enabling institutions.

Real-World Example

An adult realizes years later that abuse they suffered as a child would have violated § 288. Because CCP § 340.1 has no time limit for childhood sexual assault, they can still bring a civil claim — and a proven cover-up can trigger treble damages.

Penal § 288 — civil takeaways

Related California Statutes

• CCP § 340.1 — no deadline for childhood abuse
• Penal Code § 289 — forcible penetration
• Penal Code § 261 — rape

Why 288 Matters

For injured people & families

Because § 340.1 has no deadline, survivors of § 288 childhood abuse can seek justice decades later — against the abuser and the institution that enabled it. See our California child sexual abuse lawyer page.

For defendants

Institutions face open-ended civil exposure — and treble damages for cover-ups — for childhood abuse involving § 288 conduct.

Frequently Asked Questions

Can I sue for childhood abuse that would violate Penal Code § 288?

Yes. Section 288 acts define childhood sexual assault under CCP § 340.1, which has no civil filing deadline.

Is there a deadline to file?

No. Childhood sexual abuse civil claims have no statute of limitations under CCP § 340.1.

Can I sue a school or organization?

Yes, where its negligence enabled the abuse — and a proven cover-up can trigger treble damages.

Do I need a criminal conviction?

No. A civil claim is independent of any criminal case under § 288.