Pen. Code, § 288.5 · Chapter 5. Bigamy, Incest, and the Crime Against Nature
Pen. Code, § 288.5
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Any person who either resides in the same home with the minor child or has recurring access to the child, who over a period of time, not less than three months in duration, engages in three or more acts of substantial sexual conduct with a child under the age of 14 years at the time of the commission of the offense, as defined in subdivision (b) of Section 1203.066, or three or more acts of lewd or lascivious conduct, as defined in Section 288, with a child under the age of 14 years at the time of the commission of the offense is guilty of the offense of continuous sexual abuse of a child and shall be punished by imprisonment in the state prison for a term of 6, 12, or 16 years.
(b) To convict under this section the trier of fact, if a jury, need unanimously agree only that the requisite number of acts occurred not on which acts constitute the requisite number.
(c) No other act of substantial sexual conduct, as defined in subdivision (b) of Section 1203.066, with a child under 14 years of age at the time of the commission of the offenses, or lewd and lascivious acts, as defined in Section 288, involving the same victim may be charged in the same proceeding with a charge under this section unless the other charged offense occurred outside the time period charged under this section or the other offense is charged in the alternative. A defendant may be charged with only one count under this section unless more than one victim is involved in which case a separate count may be charged for each victim.
Notes and commentary — not statutory text
History
Amended by Stats. 2006, Ch. 337, Sec. 8. Effective September 20, 2006.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=288.5.
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 55 provisions
Provisions in this library whose text cites Pen. Code, § 288.5; the first 50 in book order. Each shows the citation as that text prints it.
Business and Professions Code
- Bus. & Prof. Code, § 4982Printed as Section 288 or 288.5 of the Penal Code
- Bus. & Prof. Code, § 4989.54Printed as Section 288 or 288.5 of the Penal Code
- Bus. & Prof. Code, § 4992.3Printed as Section 288 or 288.5 of the Penal Code
- Bus. & Prof. Code, § 4999.90Printed as Section 288 or 288.5 of the Penal Code
Penal Code
- Pen. Code, § 288Printed as Section 288.5
- Pen. Code, § 290Printed as Section 266j, 267, 269, 285, 286, 287, 288, 288.3, 288.4, 288.5, 288.7, 289, or 311.1 | Section 288.5
- Pen. Code, § 290.008Printed as Section 288 or 288.5
- Pen. Code, § 290.46Printed as Section 288.5
- Pen. Code, § 294Printed as Section 273a, 273d, 288.5, 311.2, 311.3, or 647.6
- Pen. Code, § 647.6Printed as Section 261, 264.1, 269, 285, 286, 287, 288.5, or 289
- Pen. Code, § 667.5Printed as Section 288.5
- Pen. Code, § 667.51Printed as Section 261, 264.1, 269, 285, 286, 287, 288, 288.5, or 289 | Section 288 or 288.5
- Pen. Code, § 667.6Printed as Section 288.5
- Pen. Code, § 667.61Printed as Section 288.5
- Pen. Code, § 667.71Printed as Section 288.5
- Pen. Code, § 667.15Printed as Section 288 or 288.5 | Section 288.5
- Pen. Code, § 799Printed as Section 288.5
- Pen. Code, § 801.1Printed as Section 261, 286, 287, 288, 288.5, or 289
- Pen. Code, § 803Printed as Section 261, 286, 287, 288, 288.5, or 289
- Pen. Code, § 868.5Printed as Section 211, 215, 220, 236.1, 240, 242, 243.4, 245, 261, 266, 266a, 266b, 266c, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 266k, 267, 269, 273a, 273d, 273.5, 273.6, 278, 278.5, 285, 286, 287, 288, 288.
- Pen. Code, § 868.8Printed as Section 220, 236.1, 243.4, 261, 269, 273a, 273d, 285, 286, 287, 288, 288.5, 288.7, or 289
- Pen. Code, § 939.21Printed as Section 243.4, 261, 273a, 273d, 285, 286, 287, 288, 288.5, or 289
- Pen. Code, § 1001.21Printed as Section 288.5
- Pen. Code, § 1001.36Printed as Section 288.5
- Pen. Code, § 1001.80Printed as Section 288.5
- Pen. Code, § 1170.9Printed as Section 288.5
- Pen. Code, § 1174.4Printed as Section 288.5
- Pen. Code, § 1192.7Printed as Section 288.5
- Pen. Code, § 1202.05Printed as Section 261, 264.1, 266c, 285, 286, 287, 288, 288.5, or 289 | Section 261, 264.1, 266c, 285, 286, 288, 288.5, or 289
- Pen. Code, § 1202.1Printed as Section 288.5
- Pen. Code, § 1202.4Printed as Section 288, 288.5, or 288.7
- Pen. Code, § 1203Printed as Section 286, 287, 288, or 288.5
- Pen. Code, § 1203.06Printed as Section 288.5
- Pen. Code, § 1203.066Printed as Section 261, 264.1, 266, 266c, 267, 285, 286, 287, 288, 288.5, or 289 | Section 288 or 288.5
- Pen. Code, § 1203.067Printed as Section 261, 264.1, 286, 287, 288, 288.5, or 289
- Pen. Code, § 1203.075Printed as Section 288.5
- Pen. Code, § 1203.4Printed as Section 288.5
- Pen. Code, § 1346Printed as Section 220, 243.4, 261, 261.5, 264.1, 269, 273a, 273d, 285, 286, 287, 288, 288.5, 288.7, 289, or 647.6
- Pen. Code, § 1347.5Printed as Section 220, 243.4, 261, 261.5, 264.1, 273a, 273d, 285, 286, 287, 288, 288.5, or 289
- Pen. Code, § 1463.009Printed as Section 261, 264.1, 286, 287, 288, 288.5, or 289
- Pen. Code, § 1524.1Printed as Section 220, 261, 261.5, 264.1, 266c, 269, 286, 287, 288, 288.5, 289, or 289.5
- Pen. Code, § 2933.5Printed as Section 288.5
- Pen. Code, § 2962Printed as Section 288.5
- Pen. Code, § 3000Printed as Section 288.5 or 289
- Pen. Code, § 3000.02Printed as Section 288.5 or 289
- Pen. Code, § 3003Printed as Section 288 or 288.5
- Pen. Code, § 3053.8Printed as Section 261, 264.1, 269, 286, 287, 288.5, 288.7, or 289
Welfare and Institutions Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.