Is consent not a defense to the crime of aggravated lewd conduct on a child under age 14?

California, United States of America


The following excerpt is from People v. Soto, 119 Cal.Rptr.3d 775, 245 P.3d 410, 51 Cal.4th 229 (Cal. 2011):

Honoring the clear legislative intent expressed in the plain language of section 288(b)(1), we hold that consent of the victim is not a defense to the crime of aggravated lewd conduct on a child under age 14. The prosecution need not prove that a lewd act committed by use of force, violence, duress, menace, or fear was also against the victim's will. To the extent they are inconsistent with this holding, we disapprove People v. Cicero, supra, 157 Cal.App.3d 465, 204 Cal.Rptr. 582, and the cases following it.12

Other Questions


Is consent not a defense to the crime of aggravated lewd conduct on a child under age 14? (California, United States of America)
In what circumstances will a jury find that a prosecutor's comment that a victim consented to the crime was not an aggravating factor under section 190.3 aggravation be harmless? (California, United States of America)
Is a defendant who knowingly aids and abets criminal conduct guilty of not only the intended crime but also of any other crime the perpetrator actually commits as a result of the crime? (California, United States of America)
Is consent a valid defense to the crime of forcible lewd and lascivious conduct? (California, United States of America)
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
Is implied consent sufficient to establish a consent defense to burglary? (California, United States of America)
Can a non-custodial parent who signed an agreement with the district attorney for child support be ordered to pay child support without the consent of the custodial parent? (California, United States of America)
Can a defendant be convicted of both a greater crime and a necessarily included lesser crime for the same conduct? (California, United States of America)
Is a single act of child endangerment a continuous course of conduct crime? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.