How has Section 286 of the California Criminal Code been used to prosecute a defendant who committed sodomy on a victim who did not understand the nature of the act?
California, United States of America
The following excerpt is from People v. Mobley, 72 Cal.App.4th 761, 85 Cal.Rptr.2d 474 (Cal. App. 1999):
16 It appears that subdivision (f) of section 286 was used before the enactment of subdivision (g) to prosecute a defendant who committed sodomy on a victim who did not understand the nature of the act in which he participated because of his mental retardation. (People v. Howard (1981) 117 Cal.App.3d 53, 55, 172 Cal.Rptr. 539.)
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