Being accused of a sex crime can instantly turn your life upside down — especially when the allegation involves someone under your care. California Penal Code §288(b)(2) is one of the most serious criminal statutes in the state, targeting caretakers accused of committing lewd or lascivious acts on dependent persons through force, violence, or fear.
But what happens when the accusation is false, exaggerated, or based on a misunderstanding of caregiving duties? As a criminal defense attorney, it’s crucial to understand the nuances of this charge — and for those accused, knowing your rights and legal options could mean the difference between freedom and a felony conviction.
At Southwest Legal, we defend individuals accused of crimes under §288(b)(2), ensuring that your side of the story is heard and your constitutional rights are protected.
Understanding California Penal Code §288(b)(2)
This law makes it a felony for a caretaker to commit a lewd or lascivious act upon a dependent person by using force, violence, duress, menace, or fear of immediate harm.
A “lewd or lascivious act” means any touching of a person’s intimate body parts — either directly or through clothing — done with the intent to sexually arouse or gratify the offender or the victim. Even minor contact can be criminalized if prosecutors believe there was a sexual motive.
What makes this law particularly harsh is its context: caretakers are in positions of trust, and dependent persons often have limited ability to defend themselves. This dynamic means that even an innocent act can be misinterpreted, leading to devastating criminal charges.
Who Is Considered a “Caretaker” or “Dependent Person”?
A caretaker can include anyone responsible for assisting or supervising a dependent adult — such as nurses, home health aides, residential facility employees, caregivers, or even volunteers.
A dependent person is generally someone who, because of age, disability, or mental impairment, relies on others for daily needs or protection. Importantly, this statute does not apply to spouses or domestic partners of the alleged victim.
In many cases, the accused had no intent to act improperly but was performing normal caregiving tasks that prosecutors later interpret as sexual in nature. That’s why context is everything.
Why False or Misunderstood Allegations Happen
Accusations under Penal Code §288(b)(2) often arise in high-stress environments where caregivers assist vulnerable adults. Unfortunately, misunderstandings are common.
Some of the most frequent causes of false or exaggerated accusations include:
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Misinterpretation of caregiving contact – Physical assistance during bathing, dressing, or hygiene tasks may be perceived as inappropriate by others.
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Mental illness or confusion – A dependent adult suffering from dementia, schizophrenia, or cognitive decline may make false statements or misremember events.
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Retaliation or manipulation – Family disputes, workplace conflicts, or facility politics can motivate false reports.
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Lack of witnesses – Many care interactions occur privately, making it easy for a false claim to appear credible without corroboration.
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Overzealous investigators – Once law enforcement or Adult Protective Services receives a complaint, they often assume guilt first and interpret every detail as evidence of wrongdoing.
These cases require careful factual investigation and strong legal advocacy to prevent life-altering consequences.
Penalties for a Conviction
A conviction under Penal Code §288(b)(2) carries 5, 8, or 10 years in California state prison and mandatory lifetime sex-offender registration.
In addition, defendants face:
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Permanent felony record
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Loss of professional licenses (medical, nursing, teaching, etc.)
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Probation restrictions and monitoring
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Social stigma that can affect employment, housing, and relationships
The stakes couldn’t be higher — which is why early, aggressive legal defense is essential.
Defending Against §288(b)(2) Allegations
Each case is unique, but several powerful defense strategies may apply depending on the facts.
1. No Lewd or Sexual Intent
The law requires intent to sexually arouse or gratify. Many alleged incidents arise from legitimate caregiving actions — such as cleaning, dressing, or assisting with mobility — that are misinterpreted. If there was no sexual intent, the act does not meet the legal standard.
2. No Use of Force, Violence, or Fear
Prosecutors must prove that the accused used some form of coercion or intimidation. If the interaction was voluntary or not accompanied by threats, the required element of “force or fear” may not exist.
3. Not a Caretaker Under the Law
If the accused was not acting in a professional or caretaking capacity — for instance, merely visiting or assisting informally — then the caretaker element of the offense is missing.
4. The Alleged Victim Was Not a “Dependent Person”
The prosecution must prove the victim qualified as dependent under California law. If the person was capable of independent decision-making, the charge may not apply.
5. False Accusation or Mistaken Identity
Sadly, false accusations do happen. Sometimes a dependent person may misunderstand actions, or another individual may fabricate a claim for attention, revenge, or manipulation. Evidence such as witness testimony, facility records, and digital communications can expose these inconsistencies.
6. Insufficient Evidence
Like all criminal cases, the burden of proof lies entirely with the prosecution. If evidence is weak, inconsistent, or purely circumstantial, a skilled defense attorney can challenge credibility, forensic methods, and procedural errors.
The Importance of Early Legal Intervention
Sex crime allegations move quickly — often before the accused even has a chance to respond. Investigators may visit your home or workplace, interview witnesses, or obtain search warrants. Speaking to law enforcement without legal representation can be disastrous.
Having an attorney involved from the very beginning ensures that your rights are protected and that your version of events is documented properly. A defense lawyer can:
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Intervene with investigators before charges are filed
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Gather and preserve evidence in your favor
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Challenge biased or inaccurate statements
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Negotiate for reduced charges or dismissal
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Represent you in court and at all hearings
What to Expect During the Legal Process
A charge under Penal Code §288(b)(2) begins with an arrest or investigation, often followed by formal charges in superior court. From there, the process may involve:
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Arraignment – Where charges are read and pleas are entered
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Preliminary hearing – The judge decides if enough evidence exists to proceed
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Pre-trial motions – Your attorney may challenge evidence or seek dismissal
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Trial – If no plea is reached, a jury determines guilt or innocence
Throughout each stage, your defense team’s goal is to challenge every assumption, expose weaknesses in the prosecution’s case, and safeguard your future.
How Southwest Legal Can Help
At Southwest Legal, we understand the devastation that comes with being accused of a sex offense — especially one involving a dependent person. Our defense team has years of experience handling sensitive, high-stakes criminal cases throughout Southern California.
We approach every case with discretion, compassion, and aggressive strategy. We know how to:
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Investigate claims thoroughly and independently
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Challenge unreliable witness statements
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Cross-examine experts and police investigators effectively
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Present credible evidence to show reasonable doubt
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Protect your professional reputation and freedom
We don’t just defend cases — we defend people, their careers, and their futures.
Take Control of Your Defense Today
An accusation under California Penal Code §288(b)(2) doesn’t have to define your life. With the right legal defense, you can fight back, clear your name, and protect your future. If you’ve been accused of a lewd act as a caretaker, do not speak to investigators or employers before consulting a criminal defense attorney. Every statement you make can and will be used against you.
Contact Southwest Legal today for a free, confidential consultation. Our experienced criminal defense lawyers are ready to evaluate your case, explain your options, and build a defense strategy tailored to your situation. Your rights, your reputation, and your freedom deserve nothing less than a powerful defense. Call us now — and take the first step toward protecting your future.
