Redlands, San Bernardino County - A Redlands man is under arrest for allegedly kidnapping a four-year-girl from an apartment complex and allegedly performing sex acts on the child.
The victim was playing outside her apartment and when her father couldn't find her he begin a vigorous search and after 30-minutes found his daughter in the suspect's apartment where both the alleged victim and suspect were reportedly naked.
Terence Anthony Giberson, 52, of Redlands, who police suspect kidnapped and committed sex acts with the girl was placed under arrest and taken to West Valley Detention Center.
Orange County criminal defense attorney Michael L. Guisti explains these are very serious charges this suspect is facing, child molestation and kidnapping, and he should try to get a professional defense lawyer, because he may face many years in prison.
Guisti explains kidnapping occurs when a suspects moves another person a substantial distance without that person's consent by using force or fear.
Though the law states the victim must be move a "substantial distance," there have been many court cases where moving the victim just a few feet qualifies as kidnapping, and those cases mostly include when weapons were involved or the suspect moves the victim a few feet and inflicts injury, according to Guisti. It appears the victim wasn't moved that far, but allegedly had injury inflicted upon her, according to Guisti.
Orange County sex crimes attorney Guisti explains it's possible the suspect could face charges of lewd acts on a minor under 14 under Penal Code (PC) 288, which states that the child was touched or fondled on a sexual organ, or that some overt act of child molestation took place.
Guisti explains for this charge prosecutors must show that the suspect willfully touched any part of a child's body or that the suspect willfully caused a child to touch his/her own body, their body, or another person's body with the intent of arousing, appealing to, or gratifying the lust, passion, or sexual desires of suspect and/or the child.
Guisti goes on to say while PC 288 is actually a "wobbler," meaning it can be charged either as a felony or misdemeanor, Guisti says it's very likely the suspect will face felony charges as misdemeanor PC 288 is usually charged in connection with statutory rape.
Orange County attorney Guisti says if convicted the suspect faces several years in prison and will likely have to register as a sex offender for the rest of his life.
Depending what happens with the case it's possible the suspect could face other charges, according to Guisti.
If you or somebody you know are facing similar charges you must call the Orange County sex crime attorney specialists at the Law Office of Michael L. Guisti at 888-478-8999 so we can review your case and get you the best possible outcome.
