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What Does the Prosecution have to Prove in Order to Convict a Defendant of Showing or Sending Harmful Material to Seduce a Minor in Violation of California Penal Code Section 288.2(a) and (b)?

By Walin & Klarich

In California, it is a crime to send harmful material to a minor in an attempt to seduce that minor. A minor in California is anyone who is under the age of 18. California Penal Code Section 288.2(a) provides that every person who, with knowledge that a person is a minor, knowingly sends any harmful matter to a minor with the intent of seducing the minor is guilty of a public offense. Section 288.2(b) makes it a California lewd acts with a minor crime to distribute harmful material over the internet or other forms of electronic media. To prove that the defendant is guilty of sending harmful material to seduce a minor, the prosecution must prove that: The defendant showed, sent, caused to be sent, distributed, or offered to show or distribute harmful material to a minor [by electronic mail, the Internet, or a commercial online service]; When the defendant acted, (he/she) knew the character of the material; When the defendant acted, (he/she) (knew the other person was a minor or failed to use reasonable care to determine the minor?s actual age; When the defendant acted, (he/she) intended to sexually arouse, appeal to, or gratify the lust, passions, or sexual desires of (himself/herself) or of the minor; AND When the defendant acted, (he/she) intended to seduce the minor; AND When the defendant acted, (he/she) intended to show or distribute the material to the minor.continue to full post

Full post as published by Southern California Criminal Defense Blog on March 20, 2010 (boomark / email).