California Penal Code 288.7 is the state felony statute that punishes an adult who engages in specified sexual acts with a child aged 10 or younger. Sexual intercourse or sodomy carries a mandatory sentence of 25 years to life in state prison. Oral copulation or sexual penetration carries 15 years to life. The child’s age is the only aggravating factor the prosecution has to prove alongside the act itself; force, threats, or coercion are not elements of the offense.1California Legislative Information. California Penal Code 288.7
What the Law Prohibits
The statute has two subsections. Both require that the defendant be at least 18 and the child be 10 or younger.
- Subsection (a) covers sexual intercourse or sodomy with a child 10 or younger. The sentence is 25 years to life.
- Subsection (b) covers oral copulation or sexual penetration, as defined in Penal Code 289, with a child 10 or younger. The sentence is 15 years to life.
Consent is not a defense. A child of that age cannot legally consent, and the statute does not treat consent as something the prosecution must disprove.
How 288.7 Differs From Penal Code 288
These two statutes are frequently confused, and the difference decides whether a case involves a fixed prison term or a life sentence. Penal Code 288 covers a broader set of lewd or lascivious acts with a child under 14, and its base sentence is 3, 6, or 8 years. When force or fear is involved, the range is 5, 8, or 10 years. Penal Code 288.7 is narrower: it applies only to the specific sexual acts listed above, only when the child is 10 or younger, and it carries an indeterminate life sentence with no shorter option available.
Mandatory Sentencing and No Probation
Both subsections impose indeterminate life sentences. The 25-year or 15-year figure is the minimum time before parole eligibility, not the full sentence.2California Legislative Information. California Code PEN 288.7 A judge cannot go below that minimum for any reason.
Probation is off the table. Penal Code 1203.065 lists Section 288.7 among the offenses for which a court cannot grant probation or suspend the sentence.3California Legislative Information. California Code PEN 1203.065 There is no diversion program and no alternative sentencing.
If a defendant is convicted on multiple counts, the court can run the sentences consecutively. Under Penal Code 3046(b), a person serving consecutive life terms must complete the minimum period on each sentence before parole eligibility opens on the next.4California Legislative Information. California Code PEN 3046 Two counts under subsection (a) would mean 50 calendar years before the first parole hearing.
When Parole Becomes Possible
Most California inmates can shorten their time through conduct credits, but violent felonies are capped. Under Penal Code 2933.1, anyone convicted of a violent felony listed in Penal Code 667.5(c) can earn no more than 15 percent of their sentence in worktime credits.5California Legislative Information. California Code PEN 2933.1
More importantly, Penal Code 3046 requires that a person serving an indeterminate life sentence serve the full minimum term before becoming eligible for parole. For a 25-to-life sentence, that is 25 calendar years. For 15-to-life, 15 calendar years. Credits do not reduce those minimums. Once the minimum is served, the California Board of Parole Hearings decides whether release is appropriate; a hearing does not guarantee it, and denials are common.6California Department of Corrections and Rehabilitation. Parole Eligibility – Board of Parole Hearings
No Time Limit for Filing Charges
Because Penal Code 288.7 carries an indeterminate life sentence, Penal Code 799(a) eliminates any statute of limitations. Prosecutors can file years or decades after the alleged offense. That matters in child sexual abuse cases, where disclosure often comes long after the fact.
Lifetime Sex Offender Registration
A conviction triggers mandatory lifetime registration. Under Penal Code 290, this offense falls in Tier 3, the most restrictive category, and Tier 3 registrants cannot petition to be removed from the registry.7California Legislative Information. California Code PEN 290
Registrants provide their home address, any secondary residences, and employment details to local law enforcement. Penal Code 290.012 requires an annual update within five working days of the registrant’s birthday.8California Legislative Information. California Code PEN 290.012 Failing to register or update is a separate felony.
Federal and Collateral Consequences
The consequences reach beyond state prison and follow a person permanently.
- Firearms are prohibited. Federal law bars anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition, and a Penal Code 288.7 conviction easily crosses that line.9Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
- Passports carry a visual identifier. The State Department must issue passports with a unique identifier to registered sex offenders convicted of an offense against a minor, stating on the document that the bearer was convicted of a sex offense against a minor.10Office of the Law Revision Counsel. 22 USC 212b – Unique Passport Identifiers for Covered Sex Offenders
- Residency limits apply case by case. California’s Jessica’s Law originally prohibited registered sex offenders on parole from living within 2,000 feet of a school or park where children gather. The California Supreme Court ruled in 2015 that the restriction cannot be applied as a blanket rule and must be evaluated case by case.11California Department of Corrections and Rehabilitation. Sex Offender Information – Division of Adult Parole Operations
Federal prosecution is also possible. Under 18 U.S.C. 2241(c), a person who engages in a sexual act with a child under 12 faces a federal mandatory minimum of 30 years to life, and life in prison if the person has a prior federal or state conviction for a similar offense.12Office of the Law Revision Counsel. 18 USC Ch. 109A – Sexual Abuse Federal charges typically arise when the conduct crosses state lines or involves federal jurisdiction, and prosecution under both state and federal law is constitutionally permitted.
Defenses That Apply
Because the statute does not require proof of force, the prosecution has to prove the defendant’s age, the child’s age, and that the specific sexual act occurred. That short list narrows what an effective defense can attack. The strongest defenses tend to be factual: mistaken identity where the evidence tying the defendant to the act is thin and forensic evidence is absent; false accusation where the allegations trace to a custody dispute or another motivating bias; and insufficient evidence to prove beyond a reasonable doubt that the acts described in the statute actually occurred.
On appeal, common grounds include procedural errors at trial, improper admission or exclusion of evidence, flawed jury instructions, and prosecutorial misconduct. Habeas corpus petitions can raise issues outside the trial record, including ineffective assistance of counsel, newly discovered evidence such as DNA results, and a prosecutor’s failure to disclose exculpatory material.