Amended in Assembly March 14, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 579


Introduced by Assembly Member Melendez

February 20, 2013


An act tobegin delete amendend deletebegin insert addend insert Sectionbegin delete 288.7 ofend deletebegin insert 801.3 toend insert the Penal Code, relating to sex offenses.

LEGISLATIVE COUNSEL’S DIGEST

AB 579, as amended, Melendez. Sex offenses against children.

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Existing law generally requires that prosecution for a felony be commenced within 3 years, and if that felony is punishable by imprisonment for 8 years or more, generally be commenced within 6 years. Existing law provides that a prosecution for a felony offense for certain sex offenses against a minor may be commenced any time prior to the victim’s 28th birthday or within 10 years after commission of the offense, as specified.

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This bill would provide that, except as specified, a prosecution may be commenced at any time for any violation of specified criminal offenses, including harboring a principal to a felony, intimidating a witness and conspiring to obstruct justice, if those offenses relate to a violation of various sex offenses, including rape and sodomy, in which the victim was a minor and the violation involved substantial sexual conduct.

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Existing law provides that any person who is 18 years of age or older and who engages in sexual intercourse or sodomy with a child who is 10 years of age or younger is guilty of a felony and shall be punished by imprisonment in the state prison for a term of 25 years to life. Existing law provides that any person who is 18 years of age or older and who engages in oral copulation or sexual penetration, as defined, with a child who is 10 years of age or younger is guilty of a felony and shall be punished by imprisonment in the state prison for a term of 15 years to life.

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This bill would technical, nonsubstantive changes to those provisions.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insertSECTION 1.end insert  

Section 801.3 is added to the Penal Code, to read:

2

begin insert801.3.end insert  

(a) Notwithstanding any other limitation of time
3prescribed in this chapter, prosecution for any offense described
4in subdivision (b) may be commenced at any time.

5(b) This section applies to the following offenses:

6(1) Any violation of Section 33 by a person described in Section
732, in which the person harbors, conceals, or aids any principal
8to a felony violation of Section 261, 286, 288, 288.5, 288a, or 289
9in which the victim was a minor and in which the violation involved
10substantial sexual conduct, as described in subdivision (b) of
11Section 1203.066, excluding mutual masturbation.

12(2) Any violation of Section 136.1, if the victim or witness was
13a victim of, or a witness to, any violation of Section 261, 286, 288,
14288.5, 288a, or 289 in which the victim was a minor and in which
15the violation involved substantial sexual conduct, as described in
16subdivision (b) of Section 1203.066, excluding mutual
17masturbation.

18(3) Any violation of Section 139 in which the credible threat is
19against the victim of, immediate family member of the victim, or
20witness to, any violation of Section 261, 286, 288, 288.5, 288a, or
21289 in which the victim was a minor and in which the violation
22involved substantial sexual conduct, as described in subdivision
23(b) of Section 1203.066, excluding mutual masturbation.

24(4) Any violation of Section 140 in which the force or threat to
25use force against a witness or victim involves a witness to, or victim
26of, any violation of Section 261, 286, 288, 288.5, 288a, or 289 in
27 which the victim was a minor and in which the violation involved
28substantial sexual conduct, as described in subdivision (b) of
29Section 1203.066, excluding mutual masturbation.

P3    1(5) Any violation of Section 153 in which the crime compounded
2or concealed is any violation of Section 261, 286, 288, 288.5, 288a,
3or 289 in which the victim was a minor and in which the violation
4involved substantial sexual conduct, as described in subdivision
5(b) of Section 1203.066, excluding mutual masturbation.

6(6) Any violation of Section 132 in which the book, paper,
7document, record, or other instrument in writing forged or
8fraudulently altered or antedated relates to evidence of a violation
9of Section 261, 286, 288, 288.5, 288a, or 289 in which the victim
10was a minor and in which the violation involved substantial sexual
11conduct, as described in subdivision (b) of Section 1203.066,
12excluding mutual masturbation.

13(7) Any conspiracy to obstruct justice, in violation of paragraph
14(5) of subdivision (a) of Section 182, in which the conspiracy to
15obstruct justice involves obstruction of any investigation or trial
16for any violation of Section 261, 286, 288, 288.5, 288a, or 289 in
17which the victim was a minor and in which the violation involved
18substantial sexual conduct, as described in subdivision (b) of
19Section 1203.066, excluding mutual masturbation.

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20

SECTION 1.  

Section 288.7 of the Penal Code is amended to
21read:

22

288.7.  

(a) Any person who is 18 years of age or older and who
23engages in sexual intercourse or sodomy with a child who is 10
24years of age or younger is guilty of a felony and shall be punished
25by imprisonment in the state prison for a term of 25 years to life.

26(b) Any person who is 18 years of age or older and who engages
27in oral copulation or sexual penetration, as defined in Section 289,
28with a child who is 10 years of age or younger is guilty of a felony
29and shall be punished by imprisonment in the state prison for a
30term of 15 years to life.

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