What constitutes contributing to the delinquency of a minor?

California, United States of America


The following excerpt is from People v. McNeely, B260602 (Cal. App. 2016):

4. We recognize that the trial evidence indisputably showed that appellant engaged in sex with L.D. in Richmond, prior to their trip to Los Angeles. Although such conduct potentially constitutes contributing to the delinquency of a minor when the defendant lacks a reasonable belief that the minor is 18 years or older (see People v. Atchison (1978) 22 Cal.3d 181, 183), neither count 1 nor count 2 charged any crime relating to that incident. Accordingly, the incident did not support an instruction regarding contributing to the delinquency of a minor.

5. For the first time on appeal, appellant's reply brief suggests that the trial evidence supported the reasonable inference that he solicited for compensation. He has forfeited any contention of error predicated on that suggestion. (People v. Baniqued (2000) 85 Cal.App.4th 13, 29.)

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