California, United States of America
The following excerpt is from People v. Barker, A143846 (Cal. App. 2016):
Both the personal characteristics of the victim and the setting of the crime are relevant. (People v. Price (1984) 151 Cal.App.3d 803, 814.) Defendant argues that the record did not show that he had any position of trust. He points out that he was not her parent, quasi-parent, or caretaker. He maintains that there was no evidence of an ongoing close or cordial relationship between defendant and her family. He argues that the victim said he was a friend but did not describe how close of a friend.
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