SAN DIEGO CRIMINAL LAWYER MARY PREVOST: ATTEMPTING TO EXHIBIT HARMFUL MATTER TO AN APPARENT 13-YEAR-OLD
ATTEMPTING TO EXHIBIT HARMFUL MATTER TO AN APPARENT 13-YEAR OLD
In Hofsheier (37 Cal.4th 1185), the California Supreme Courtstruck down the
mandatory sex registration requirement for PC 288a, consensual oral copulation with a minor (16 in that case) as violative of equal protection, because consensual sex with that same minor (Penal Code sec. 261.5) doesn't mandate Penal Code 290 sex registration. The crime here is attempting to exhibit harmful matter to a minor by the Internet, Penal Code 664/288.2(b).
The police detective here posed as a 13-year old girl. The California Court of Appeal says that mandatory Penal Code 290 sex registration for this crime doesn't violate
equal protection, because the target of the crime was assumed to be a 13-year old, not a 16-year old, such as in Hofsheier.
People v. Kennedy; 2009 DJ DAR 17637; DJ, 12/21/09; C/A 6th
