California Penal Code 288.2

Are you facing charges for Harmful Matter Sent to Seduce a Minor? Violation of Penal Code 288.2 is a serious criminal offense that can negatively impact your future. A conviction for any type of sex crime can limit your employment options and create strain with family and friends. In addition, you may have to apply for registration on California’s sex offender’s registry list. Your inclusion would be viewable by almost anyone.


Let a MacGregor & Collins, LLP sex crime attorney in Orange County assist you. CallĀ (888) 250-2865 to take advantage of a free consultation with one of our experienced lawyers. They will help you to understand your charges as well as your available options.


PC 288.2 Defined


Someone who sends a minor under 18 lewd matter with the objective to sexually arouse themselves or the minor can be prosecuted under this penal code.

If you exposed yourself to a minor in-person, you will probably be charged with violating PC 314 for indecent exposure.


In order for prosecutors to successfully convict you of violating CPC 288.2, the state has the burden to prove that you are guilty of:


  • deliberately sending explicit matter to a minor – through any medium
  • making an offer to send, disperse, or showcase the material
  • being that the receiver was a minor
  • doing so to arouse themselves or the minor


CPC 288.2 Penalties


The penalties or punishment for Harmful Matter Sent to Seduce a Minor depend on the category crime it is being filed under (felony or misdemeanor), and those found guilty can face:




  • 16 months, 2 or 3 Years in a California State Prison
  • An informal probation period
  • Up to $10,000 in fines
  • Registration as a lifetime sex offender




  • Up to 6 months in jail
  • Up to $1,000 in fines
  • informal probation period


Other Potential Punishments:


Penalties are usually based on the offender’s criminal history. Those found guilty with a prior offense on their criminal record may face a mandatory felony sentencing.


If you are facing charges for Harmful Matter Sent to Seduce a Minor for California Penal Code Section 288.2, our criminal defense lawyers may be able to help. Ronald MacGregor and Randy Collins have more than forty years of experience assisting sex crime defendants and they will use their extensive legal knowledge to help get you back on the right track.

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