California Court of Appeal

Defendant's conviction of violating Penal Code section 288.3(a), which prohibits contacting a minor for the purpose of committing various crimes, including, as alleged here, sexual penetration with a person under the age of 18 years, arising out of his Internet chat room interactions with the victim, is affirmed, where: 1) defendant's seduction of the victim under false pretenses, together with his repeated suggestions that she masturbate, satisfied the statutory elements of intending to participate in causing sexual penetration; 2) even if the victim was an adult for purposes of applying Indiana law where the victim was located, she was a minor for purposes of applying California law, where defendant was located; and 3) defendant's constitutional challenges to the validity of section 288.3 and his conviction in particular fail.

Appellate Information

• Decided 07/23/2014
• Published 07/23/2014

Judges

• IKOLA

Court

• California Court of Appeal

Counsel