On Thursday, September 9, 2010, Loenel Pelayo, a 45-year-old church pastor from Carson, California, was arrested for allegedly sexually assaulting a 14-year-old girl who was part of a church youth group. The alleged sexual assault allegedly occurred in more than one location, which could greatly increase Pelayo’s punishment if convicted of this criminal offense. If charged with committing a lewd act against a child, Pelayo could be sentenced to state prison for up to 3 years, and possibly more if assaults occurred at more than once location.

California law (California Penal Code section 288) punishes lewd sexual acts committed against children. A lewd act committed against a child, with the intent to sexually arouse either the person committing the lewd act or the child, is a felony. The punishment for committing a lewd act against a child depends upon the act committed (the severity of the lewd conduct), the age of the child (younger or older than 14-years-old), and the age of the perpetrator.

When, as in this case, the alleged lewd act is committed against a child of 14 or 15 years of age (here, the victim was 14), and the alleged perpetrator is at least 10 years older than the child victim, the maximum punishment is a sentence of up to three years in state prison. However, if the same act is committed against a child who is less than 14-years -old, the potential punishment greatly increases due to the younger age of the child. A lewd act committed against a child less than 14-years-old is punishable by up to eight years in state prison.

It should be noted that California Penal Code 288 is only one of several crimes that can be charged in cases of sexual assault against a child. Charges such as rape, statutory rape, and other illegal sex crimes are all chargeable as felonies punishable by imprisonment in a state prison.

Sincerely,
Garret Weinrieb
Valerio | Weinrieb Criminal Defense Attorneys


If you or someone you care about is facing criminal investigation or criminal charges of any type, please contact the criminal defense attorneys at Valerio|Weinrieb.  We can be reached twenty-four hours a day, seven days a week at (818) 933-6555, through our toll-free number at (877) 7NO-CUFFS (877-766-3833), or through the confidential and secure email form on the firm’s website at www.VWattorneys.com.






los angeles criminal defense law firm, la criminal defense, los angeles criminal lawyer, criminal defense attorneys los angeles, top los angeles criminal defense attorneys, best la criminal defense law firm, criminal defense lawyer in los angeles