Perez Hilton Tweets Upskirt Photo Of 17-Year-Old Miley Cyrus; Cyrus Will Not Press Charges – California Penal Code Section 311.3(A), (B)(5)
Perez Hilton Tweets Upskirt Photo Of 17-Year-Old Miley Cyrus; Cyrus Will Not Press Charges – California Penal Code Section 311.3(A), (B)(5) On June 13, 2010, popular blogger Perez Hilton tweeted a picture that appeared to show 17-year-old exiting a car while not wearing underwear. Under applicable law, a question arises as to whether Hilton may be liable for distributing child pornography. In California, Penal Code section 311.3(a), (b)(5) criminalizes the…
Read MoreResearch Shows Current Sex Offender Laws Ineffective
Research Shows Current Sex Offender Laws Ineffective Recent studies have shown that current sex offender laws are not as effective as people may think. Under California law, convicted sex offenders are required to go through sex offender registration and live in restricted areas that are certain distances from schools and parks. Their residences are shown online in a sex offender database. The intent of these laws is to prevent future…
Read MoreCrime in One County Can be Joined with a Crime in Another County – California Penal Code Section 288
Crime in One County Can be Joined with a Crime in Another County - California Penal Code Section 288 The California Courts of Appeal recently held when more than one violation of Penal Code Section 288 occurs in more than one jurisdictional territory and the offenses are properly joinable, the jurisdiction lies in any jurisdiction where at least one of the offenses occurred. In People v. Delgado (No. G041561), the…
Read MoreWhat Does the Prosecution have to Prove in Order to Convict a Defendant of Sexual Molestation? – California Penal Code Section 288(a)
What Does the Prosecution have to Prove in Order to Convict a Defendant of Sexual Molestation? - California Penal Code Section 288(a) Sexual molestation is a serious charge. California Penal Code Section 288(a) provides that any person who willfully and lewdly commits any lewd or lascivious act upon or with the body… of a child who is under the age of 14 years, with the intent of arousing, appealing to,…
Read MoreJury Instruction was Correct in Child Molestation Case
Jury Instruction was Correct in Child Molestation Case A recent California Court of Appeals case, People v. Shaw, held that a jury instruction that instructed the jury to convict if the defendant had tendencies towards children as a class was correct, despite the defendant’s contentions otherwise. Shaw was convicted of multiple counts of child molestation based on the CALCRIM jury instruction number 1122. Shaw argued that the trial court erred…
Read MoreStatute of Limitations for Sex Offenses is 10 Years, California Penal Code Section 803
Statute of Limitations for Sex Offenses is 10 Years, California Penal Code Section 803 Before 2001, California Penal Code Section 803 allowed the filing of a complaint within one year after DNA testing established a suspect's identity, but no later than "six years after commissioning of the offense." However, statutory amendments in 2001 extended the limitation period from six to 10 years. Thus, the 10-year statute of limitations now applies…
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