(a)Any person who either resides in the same home with the minor child or has recurring access to the child, who over a period of time, not less than three months in duration, engages in three or more acts of substantial sexual conduct with a child under the age of 14 years at the time of the commission of the offense, as defined in subdivision (b) of Section 1203.066, or three or more acts of lewd or lascivious conduct, as defined in Section 288, with a child under the age of 14 years at the time of the commission of the offense is guilty of the offense of continuous sexual abuse of a child and shall be punished by imprisonment in the state prison for a term of 6, 12, or 16 years.
(b)To convict under this section the trier of fact, if a jury, need unanimously agree only that the requisite number of acts occurred not on which acts constitute the requisite number.
(c)No other act of substantial sexual conduct, as defined in subdivision (b) of Section 1203.066, with a child under 14 years of age at the time of the commission of the offenses, or lewd and lascivious acts, as defined in Section 288, involving the same victim may be charged in the same proceeding with a charge under this section unless the other charged offense occurred outside the time period charged under this section or the other offense is charged in the alternative. A defendant may be charged with only one count under this section unless more than one victim is involved in which case a separate count may be charged for each victim.
Notes of Decisions
Goodwin R. Brodit v. Steven J. Cambra, Jr., Warden, 350 F.3d 985 (9th Cir. 2003).
· cites it 13× “1 These incidents purportedly occurred while Brodit was staying in the home of Jane's mother, Arcel, and step-father, John Brodit, his brother, between June 12, 1992 and December 31, 1994.”
Cunningham v. California, 549 U.S. 270 (2007).
· cites it 4× “Cal.Penal Code Ann. § 288.5(a) (West 1999) (hereinafter Penal Code).”
State v. Bey, 156 A.3d 873 (Md. 2017).
· cites it 4× “§ 13-1417 (2001); Cal. Penal Code, § 288.5 (West 1999); NY.”
People v. Emilio C., 2004 Cal. Daily Op. Serv. 2224 (Cal. Ct. App. 2004).
· cites it 8× “) With regard to the September 13, 2002 petition, *1062 the juvenile court found that appellant had committed the crime of continuous sexual abuse of a child under the age of 14 (Pen. Code, § 288.5, subd. (a)), and that appellant’s offense was one covered by Welfare and…”
State v. Johnson, 2001 WI 52 (Wis. 2001).
· cites it 4× “[1] "[F]or those portions of the process that were added in more recent times, and therefore lack strong historical traditions, widespread acceptance of a particular practice speaks strongly in favor of its constitutionality.”
People v. Black, 161 P.3d 1130 (Cal. 2007).
· cites it 2× “The information alleged, as to the first count, that defendant committed the offense by use of `force, violence, duress, menace, and fear of immediate and unlawful bodily injury,' and that defendant had substantial sexual conduct with a victim under the age of 14 years,…”
People v. Sullivan, 2007 Cal. Daily Op. Serv. 6093 (Cal. Ct. App. 2007).
· cites it 2× “Cal. Penal Code Ann. § 288.5(a).” ( Cunningham, supra, 549 U.”
People v. Jones, 792 P.2d 643 (Cal. 1990).
· cites it 2× “(Pen. Code, § 288.5.) The new section recites that the jury need not unanimously agree "on which acts constitute the requisite number" as long as the jury unanimously agrees that at least three acts occurred within the three-month period.”
People v. Higgins, 92 Cal. Daily Op. Serv. 7614 (Cal. Ct. App. 1992).
· cites it 6× “(Pen. Code, § 288.5) between March 1, 1990, and August 17, 1990, and two counts of committing a lewd act upon 8-year-old Jimmy B.”
People v. Johnson, 47 P.3d 1064 (Cal. 2002).
· cites it 2× “Penal Code section 288.5 defines the crime of continuous sexual abuse of a child.”
— Cal. Penal Code § 288.5(a) — 25 cases
People v. Sullivan, 2007 Cal. Daily Op. Serv. 6093 (Cal. Ct. App. 2007).
“Cal. Penal Code Ann. § 288.5(a).” ( Cunningham, supra, 549 U.”
— Cal. Penal Code § 288.5(c) — 1 case
State v. Bey, 156 A.3d 873 (Md. 2017).
“§ 13-1417 (2001); Cal. Penal Code, § 288.5 (West 1999); NY.”
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