Tag Archives: CC 3414


When is a Mistake of Fact as to Victim’s Age a Defense?
July 15th, 2021

PC 261; PC 261.5(a) & (b); 289(h)&(i) In People v. Hernandez (1964) 61 Cal.2d 529, 529-530 the CSC analyzed the legislative intent behind PC 261, which defined sex with a female under the age of 18 years as rape (commonly known as statutory rape). The issue in the case was whether “the trial court erred […]


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A Defendant May Be Convicted of Human Trafficking of a Minor Under the Attempt Prong of the Statute (Pen. Code, § 236.1, Subd. (C)), Rather Than the General Law of Attempt (Pen. Code, §§ 21a, 664), Even if the Target of His Recruitment Efforts Is an Undercover Detective
July 8th, 2021

People v. Moses (2020) 10 Cal.5th 893 held that to violate PC 236.1(c) based on an attempt, the defendant must intend to induce a minor to engage in a commercial sex act (at least when no actual minor victim is involved). But the target of that inducement need not be an actual minor. (The Court disapproved People […]


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