California, United States of America
The following excerpt is from People v. Culbertson, 171 Cal.App.3d 508, 217 Cal.Rptr. 347 (Cal. App. 1985):
Turning then to whether or not defendant, as an aider and abettor, was nevertheless a participant in the offense within the meaning of section 288a, subdivision (c), the statutory language (1) as construed by the court in People v. Greenberg (1980) 111 Cal.App.3d 181, 168 Cal.Rptr. 416, (2) as dictated by common sense, and (3) as clarified by the history of the statute, can only be construed to limit the term "participates" to those two people whose actual physical involvement is necessary to the act of oral copulation. Thus, for liability to arise under the particular charge it is necessary that one of those two persons be under the age of 14 and the other person directly involved be 10 or more years older.
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