When a defendant is convicted of sexually assaulting a young girl, can the trial court still find that the victim was "particularly vulnerable because of her extreme youth within the given age range"?

California, United States of America


The following excerpt is from People v. Campos, H038965 (Cal. App. 2014):

When the victim's age is an element of the crime for which a defendant is convicted, a trial court may still find that a victim is "particularly vulnerable because of other factors" including "extreme youth within the given age range" to support a lengthier sentence and, by extension to the probation context, denial of probation. (See People v. Garcia (1985) 166 Cal.App.3d 1056, 1069-1070.) Here, section 288, subdivision (a) prohibits lewd or lascivious contact with anyone up to 14 years of age. ( 288, subd. (a).) Because K.M. was five years old when the contact with defendant occurred, she was young within that broad age range.

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