This is from a criminal defense attorney site. Not my opinion.From the shouse law site:
Not everyone convicted of a sexual offense with a child is a dangerous predator. Sometimes a good person acts out of character, and similar conduct is not likely ever to reoccur.When this is the case, it is sometimes possible for us to "mitigate" the penalty for the crime by focusing on our client's good character. In a "mitigation" case, the judge may sentence the client to probation instead of California state prison. A state prison sentence can often mean a year -- sometimes many years -- of incarceration. Probation involves at most one year in county jail, and sometimes no jail time at all.But before a judge may legally grant probation, the court must obtain a "Penal Code 288.1 report". This is an evaluation of the person's mental condition by a trained psychologist or psychiatrist, who will interview the defendant and look at:the circumstances of the offense, andthe defendant's history.The emphasis of the evaluation will be whether the conduct is likely to happen again, and whether the defendant is a danger to other children.Penal Code 288 PC does not require the court to order a mental examination. If the record supports a denial of probation, a report on the defendant's mental condition lies within the court's discretion.If the court does order a report, it must be issued by either:a reputable psychiatrist, ora reputable licensed psychologist who has:a doctoral degree in psychology, andat least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders.If the defendant cannot afford the report, the court may appoint a psychiatrist and order the costs to be paid by the county.
Crimes to which Penal Code 288.1 applies:
Penal Code 288.1 reports apply to any lewd or lascivious act which is upon... or with any part of... the body of child under age 14.Examples of lewd or lascivious acts on a child include (but are not limited to):Penal Code 261 PC, rape,Penal Code 288 PC, lewd acts with a child,Penal Code 288a PC, oral copulation by force or fear,Penal Code 286 PC, sodomy, and
Not everyone convicted of a sexual offense with a child is a dangerous predator. Sometimes a good person acts out of character, and similar conduct is not likely ever to reoccur.When this is the case, it is sometimes possible for us to "mitigate" the penalty for the crime by focusing on our client's good character. In a "mitigation" case, the judge may sentence the client to probation instead of California state prison. A state prison sentence can often mean a year -- sometimes many years -- of incarceration. Probation involves at most one year in county jail, and sometimes no jail time at all.But before a judge may legally grant probation, the court must obtain a "Penal Code 288.1 report". This is an evaluation of the person's mental condition by a trained psychologist or psychiatrist, who will interview the defendant and look at:the circumstances of the offense, andthe defendant's history.The emphasis of the evaluation will be whether the conduct is likely to happen again, and whether the defendant is a danger to other children.Penal Code 288 PC does not require the court to order a mental examination. If the record supports a denial of probation, a report on the defendant's mental condition lies within the court's discretion.If the court does order a report, it must be issued by either:a reputable psychiatrist, ora reputable licensed psychologist who has:a doctoral degree in psychology, andat least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders.If the defendant cannot afford the report, the court may appoint a psychiatrist and order the costs to be paid by the county.
Crimes to which Penal Code 288.1 applies:
Penal Code 288.1 reports apply to any lewd or lascivious act which is upon... or with any part of... the body of child under age 14.Examples of lewd or lascivious acts on a child include (but are not limited to):Penal Code 261 PC, rape,Penal Code 288 PC, lewd acts with a child,Penal Code 288a PC, oral copulation by force or fear,Penal Code 286 PC, sodomy, and
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