What is the effect of section 1192.7(c)(6) of the California Penal Code on sexual assault cases?

California, United States of America


The following excerpt is from People v. Murphy, 105 Cal.Rptr.2d 387, 19 P.3d 1129, 25 Cal.4th 136 (Cal. 2001):

In a word, as we recognized in Martinez, Penal Code section 1192.7(c)(6) "incorporated" Penal Code section 288 "by reference." (People v. Martinez, supra, 11 Cal.4th at p. 446 & fn. 9, 45 Cal.Rptr.2d 905, 903 P.2d 1037.) Such was its purpose, and such was its effect.

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