Does section 288 of the California Penal Code protect children from sexual exploitation?

California, United States of America


The following excerpt is from People v. Chambless, 74 Cal.App.4th 773, 88 Cal.Rptr.2d 444 (Cal. App. 1999):

"[Penal Code] section 288 was enacted to provide children with 'special protection' from sexual exploitation. [Citation.] The statute recognizes that children are 'uniquely susceptible' to such abuse as a result of their dependence upon adults, smaller size, and relative naivete. [Citation.] The statute also assumes that young victims suffer profound harm whenever they are perceived and used as objects of sexual desire. [Citation.] It seems clear that such concerns cannot be satisfied unless the kinds of sexual misconduct that result in criminal liability are greatly expanded where children are concerned." (People v. Martinez, supra, 11 Cal.4th at pp. 443-444, 45 Cal.Rptr.2d 905, 903 P.2d 1037.)

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