What is the burden of proving an allegation of sexual assault against Flores?

California, United States of America


The following excerpt is from People v. Flores, A155281 (Cal. App. 2019):

Count 1 charged Flores with the crime of engaging in sexual intercourse or sodomy with a child 10 years old or younger ( 288.7, subd. (a)). As the Attorney General acknowledges, the prosecutor had the burden of proving the charged offense occurred on or after the statute's effective date of September 20, 2006. (People v. Hiscox (2006) 136 Cal.App.4th 253, 256; see also People v. Rojas (2015) 237 Cal.App.4th 1298, 1307 [reversing section 288.7 conviction because "the record allows for reasonable doubt over whether [it] was based on an act that occurred on or after September 20, 2006."].)

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