Monday, June 27, 2011

SEDUCTION IN LAW

                             







California Jury Instructions - Criminal. CALJIC 10.58 -- CALJIC 10.58 Harmful Matter Sent With Intent of Seduction of Minor. ("In order to prove this crime, each of the following elements must be proved: [1] A person knowingly distributed, sent, caused to be sent, exhibited, or offered to distribute or exhibit [by any means, including, but not limited to, live or recorded telephone messages] [by electronic mail, the Internet, or a commercial online service] any harmful matter to a minor; [2] That person knew that a recipient of the message was a minor [, or failed to exercise reasonable care to ascertain the true age of the recipient of the message]; [3] That person did so with the specific intent to arouse, appeal to, or gratify the lust or passions or sexual desires of that person or the minor; and [4] That person also specifically intended to seduce a minor, by enticing the minor to engage in a sexual act involving physical contact between the perpetrator and the minor.")




5People v. Jensen (2003) 114 Cal.App.4th 224, 239. ("...the "seducing" intent element of the offense [that is, Penal Code 288.2 PC harmful matter sent with the intent of seducing a minor] requires that the perpetrator intend to entice the minor to engage in a sexual act involving physical contact between the perpetrator and the minor.")






                                  

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