Is a sentence of life without possibility of parole for a child sexual exploitation case a disproportionate amount of time for a non-homicide crime?

California, United States of America


The following excerpt is from People v. Lopez, G055475 (Cal. App. 2019):

Appellant contends his sentence is disproportionate compared to the penalty for more serious offenses in California, such as first-degree murder, which, like appellant's crime, carries a mandatory penalty of 25 years to life in prison. (See Pen. Code, 190, subd. (a).) However, it is not unconstitutional for a state to punish nonhomicide crimes as seriously as homicide crimes. (See, e.g., Harmelin v. Michigan,

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supra, 501 U.S. 957 [upholding sentence of life without the possibility of parole for a defendant who possessed a large quantity of cocaine].) This is particularly true when the crime targets children, who are society's most vulnerable victims. (See generally People v. Scott (1994) 9 Cal.4th 331, 341-342 [recognizing special laws are needed to protect children because they are uniquely susceptible to sexual exploitation].)

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