The Daily Puppy

Saturday, January 26, 2013

When section 288.2, subdivision (b) is harmonized with the entire California penal scheme, it does not effectively regulate activities beyond California. California prosecutes only those criminal acts that occur wholly or partially within the state. (§§ 27, 777, 778, 778a, 778b.)...wizardofbaum

When section 288.2, subdivision (b) is harmonized with the entire California penal scheme, it does not effectively regulate activities beyond California. California prosecutes only those criminal acts that occur wholly or partially within the state. (§§ 27, 777, 778, 778a, 778b.) Statutes "must be construed in the light of the general principle that, ordinarily, a state does not impose punishment for acts done outside its territory. [Citations.]" (People v. Buffum (1953) 40 Cal. 2d 709, 716 [256 P.2d 317].) Section 288.2, subdivision (b) makes no reference to place of performance, so courts must assume the Legislature did not intend to regulate conduct taking place outside the state. (See Buffum, supra, at p. 715, see also People v. Morante (1999) 20 Cal. 4th 403, 424-425 [84 Cal.Rptr.2d 665, 975 P.2d 1071].) Given the historical and statutory limitations on California's ability to prosecute, section 288.2, subdivision (b) cannot be enforced beyond what is jurisdictionally allowed. 

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