The Orange County District Attorney’s Office charged Patricia Ann Serrano, 43, with 3 counts of lewd acts on a child under 14 for having sex with a minor — a 12-year old boy. She is also been charged with an enhancement for substantial sexual conduct with a child. She pled “not guilty” today in court. She faces a maximum of 12 years in prison if convicted on all counts and will have to register as a sex-offender for life, pursuant to Penal Code section 290.
Although the sexual contact may have been consensual, children under the age of 14 are legally not capable of giving consent to sex and sexual relations with children under the age of 14 constitute lewd and lascivious behavior on a minor. If the child was 14 years or more, then the defendant would most likely have been charged with felony statutory rape and possibly misdemeanor annoying/molesting a child.
For a more detailed explanation of statutory rape or lewd and lascivious conduct on a child, please see our website at www.rightchoicelaw.com.