About San Diego Criminal Law Center

Police officers, elected officials, and other government employees are not above the law. While on-duty government employees may be able to enjoy certain rights and privileges, but they are still expected to be law-abiding citizens on their own time. Unfortunately, this is not always the case.

Earlier this year, a 14-year-old girl reported that she had been touched inappropriately while standing in line at a Vista restaurant. After a thorough investigation, police have arrested Timothy Wilson, a Vista detention deputy with more than 10 years on the job, for the crime. Wilson, who is tasked with taking care of the inmates at the Vista jail, has been charged with one felony count of lewd acts with a child.

Lewd Acts With a Child

While all sexually-based crimes in San Diego are taken very serious by the state, those involving children and young people tend to receive extra attention. Children, including young teenage girls, are often not equipped with the physical strength and emotional courage necessary to thwart sexual predators. The young woman who was the victim in this case never even saw her attacker coming. After the incident, she admitted that she lived in continued fear that he would strike again. Even though Wilson did not engage in sexual activity with the girl, his actions have likely scarred her for life.

Penal Code Section 288 PC

California has crimes like “lewd acts with a child” on the books to punish this kind of behavior. California Penal Code Section 288 PC makes it a crime to “willfully and lewdly commit any lewd or lascivious act…upon or with the body, or any part or member thereof, of a child…with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child.”

In other words, it is a crime to touch a child in a lewd or sexual manner with the intent to arouse or gratify sexual desires.

Age of the Child

Penal Code 288 PC generally refers to lewd acts with children under the age of 14, but can also apply to lewd acts with children under the age of 16. However, if the victim 14 or 15, the defendant must be at least 10 years older than the child they are accused of molesting. This helps to prevent prosecution of young romantic partners for engaging in minor acts of sexual behavior.

What is a Lewd Act?

A lewd act can be defined to mean:

• Touching a child for a sexual purpose
• Having the child touch themselves for your own sexual gratification, or
• Having a child touch you for your own sexual gratification.

Simply put, a lewd act is sexually-charged touching between an adult and a child. There is no requirement that a lewd act with a child involve a sexual organ, such as the genitals, anus, or female breast. The fact that the touching is done for sexual arousal or gratification is enough.

Consequences for Lewd Acts With a Child

Lewd acts with a child can be a felony or misdemeanor in California. However, the penalties that can be imposed will depend on the very specific circumstances of each individual case. Factors that will affect the penalty include:

• The child’s age
• Whether force was used to commit the act
• Whether the child suffered great bodily harm
• Your prior convictions and/or status as a habitual sex offender.

Felony Lewd Acts With a 14 Year Old Child

Here, Wilson is facing charges for one felony count of lewd acts with a child under the age of 16, which is a violation of 288(c)(1) PC. It is important to note that this specific crime can be charged as either a felony or a misdemeanor. The state has indicated that this is a very serious matter, perhaps due to Wilson’s status as a government employee, by choosing to pursue felony charges. If convicted, Wilson can face up to 3 years in prison and be required to pay $10,000 in criminal fines.

Sex Offender Registration

Anyone who is convicted of lewd acts with a child will be required to register as a sex offender in the state of California. This can make it incredibly difficult to get a job, rent or buy a home, and travel freely. The social stigma of being a convicted sex offender is enough, on its own, to destroy your future.

San Diego Criminal Defense Attorneys

Anyone who is charged with a crime in San Diego has the right to defend themselves. This is true regardless of the type of crime you’re accused of committing. If you are facing criminal charges in San Diego, do not hesitate to contact the San Diego Criminal Law Center for help.

Our attorneys understand that your future is on the line and will fight to protect your legal rights. We will aggressively defend you against any allegations of criminal wrongdoing and work to secure the best possible outcome in our criminal matter. Call us today to schedule a free case evaluation with our skilled San Diego criminal defense attorneys.

On August 23, 2000, a North Park man was beaten to within inches of his life. He was hospitalized but, sadly, died three days later. San Diego police responding to the scene firmly believed that three male suspects were guilty of the deadly assault, but had no evidence to support their case. As a result, the North Park man’s murder has remained unsolved for nearly 18 years. That is, however, until a recent forensic breakthrough allowed police to gather the evidence they needed to make an arrest. Earlier this month, those three suspects were placed under arrest on suspicion of murder.

Statute of Limitations in California

Most crimes in California are subject to a statute of limitations. A statute of limitations requires the state to bring criminal charges against a person within a specific period of time. If charges are not filed before the statute of limitations expires, they can never be brought. California imposes a statute of limitations for a few different reasons. These include:

• Encouraging the state to promptly investigate and prosecute all criminal matters
• Ensuring that a prosecution is based on the best possible evidence, which is likely to fade with time, and
• Protecting defendants from being prosecuted for criminal acts committed during a different part of their lives.

How is it possible, then, that police in San Diego were able to arrest three men suspected of murdering a North Park man nearly two decades ago? The answer is simple: there is no statute of limitations for murder (or other crimes punishable by death or life in prison) in California.

No Limit on Bringing Criminal Charges for Murder

Why is there no statute of limitations for the crime of murder? There are a few different rationales for not putting restraints on the state’s ability to investigate and prosecute the crime of murder.

Prosecutions Can Provide Closure

Murder can never be undone. Once a person’s life is taken, that’s the end of their story. Families who have members torn away from them unexpectedly will be forced to cope with that reality for the rest of their lives. Prosecuting the person responsible for a family member’s death is seen as one of the few ways to provide closure. As a result, the state is free to investigate a murder case without time restraints.

Advances in Technology

In 2000, police were unable to gather evidence to show that three suspects were physically present at the scene of the North Park murder. Today, however, advances in forensic technology allowed police to link the suspects to the murder. Since technology is always advancing, placing a limit on the amount of time police have to investigate a crime as serious as murder would not be in the interests of justice.

Revisiting Previously Closed Cases

What happens if someone is wrongfully convicted of murder and then, two decades later, evidence surfaces to show that they are innocent of the crime? If there was a statute of limitations for murder, the state would not be able to find, arrest, and try the actual criminal. However, since there is no time limit for bringing murder charges, the state is free to reopen and investigate a previously-closed case.

Difficulty Prosecuting Cold Cases

Cold cases can remain open for decades. When new evidence surfaces in a murder case, the state has the right to arrest, charge, and try a criminal suspect. However, prosecuting a cold case can prove to be quite difficult. While the state may have new evidence to support their case, old evidence may have been lost, forgotten, or become degraded over time. Witnesses to the crime may have forgotten what happened or may no longer be around.

An attorney representing a defendant charged with a decades-old murder will undoubtedly challenge the validity of any evidence and testimony offered by the state. In some cases, these challenges may prevent the state from successfully convicting a defendant for a murder that happened long ago. In these situations, defendants may be able to secure a plea or walk away without facing any penalties, at all.

San Diego Criminal Defense Attorneys

Most criminal matters must be resolved within a few years of the crime. However, this is not true for the crime of murder. The state has the right to investigate murder for as long as it takes to make an arrest.

Have you been arrested on suspicion of a crime that was committed years ago? Contact the San Diego Criminal Law Center for help. Our experienced attorneys will review your alleged crime, determine if the state has the authority to charge you with a crime, and fight to protect your future. Call today to schedule your free case evaluation and learn more.