AB 579, as amended, Melendez. Sex offenses against children.
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.
This bill would provide that, except as specified, a prosecution may be commenced at any timebegin insert prior to the victim’s 28th birthday, or within the period and under the circumstances specified under other provisions of law, if applicable, whichever occurs later,end insert for any violation of specified criminal offenses, including harboring a principal to a felony, intimidating a witnessbegin insert,end insert 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.begin insert The bill would also define the term “victim” for purposes of these provisions.end insert
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 801.3 is added to the Penal Code, to read:
(a) Notwithstanding any other limitation of time
3prescribed in this chapter, prosecution for any offense described
4in subdivision (b) may be commenced at any timebegin insert prior to the
5victim’s 28th birthday, or within the period and under the
6circumstances described in subdivision (f) or (g) of Section 803,
7if applicable, whichever occurs laterend insert.
8(b) This section applies to the following offenses:
9(1) Any violation of Section 33 by a person described in Section
1032, in which the person harbors, conceals, or aids any principal to
11a felony violation
of Section 261, 286, 288, 288.5, 288a, or 289
12in which the victim was a minor and in which the violation
13involved substantial sexual conduct, as described in subdivision
14(b) of Section 1203.066, excluding mutual masturbation.
15(2) Any violation of Section 136.1, if the victim or witness was
16a victim of, or a witness to, any violation of Section 261, 286, 288,
17288.5, 288a, or 289 in which the victim was a minor and in which
18the violation involved substantial sexual conduct, as described in
19subdivision (b) of Section 1203.066, excluding mutual
20masturbation.
21(3) Any violation of Section 139 in which the credible threat is
22against the victim of, immediate family member of the victimbegin insert ofend insert,
23or witness
to, any violation of Section 261, 286, 288, 288.5, 288a,
24or 289 in which the victim was a minor and in which the violation
25involved substantial sexual conduct, as described in subdivision
26(b) of Section 1203.066, excluding mutual masturbation.
27(4) Any violation of Section 140 in which the force or threat to
28use force against a witness or victim involves a witness to, or
29victim of, any violation of Section 261, 286, 288, 288.5, 288a, or
30289 in
which the victim was a minor and in which the violation
31involved substantial sexual conduct, as described in subdivision
32(b) of Section 1203.066, excluding mutual masturbation.
33(5) Any violation of Section 153 in which the crime compounded
34or concealed is any violation of Section 261, 286, 288, 288.5, 288a,
35or 289 in which the victim was a minor and in which the violation
P3 1involved substantial sexual conduct, as described in subdivision
2(b) of Section 1203.066, excluding mutual masturbation.
3(6) Any violation of Section 132 in which the book, paper,
4document, record, or other instrument in writing forged or
5fraudulently altered or antedated relates to evidence of a violation
6of Section 261, 286, 288, 288.5, 288a, or 289 in which the victim
7was a minor and in which the
violation involved substantial sexual
8conduct, as described in subdivision (b) of Section 1203.066,
9excluding mutual masturbation.
10(7) Any conspiracy to obstruct justice, in violation of paragraph
11(5) of subdivision (a) of Section 182, in which the conspiracy to
12obstruct justice involves obstruction of any investigation or trial
13for any violation of Section 261, 286, 288, 288.5, 288a, or 289 in
14which the victim was a minor and in which the violation involved
15substantial sexual conduct, as described in subdivision (b) of
16Section 1203.066, excluding mutual masturbation.
17(c) As used in this section, “victim” means the victim of any
18violation of Section 261, 286, 288, 288.5, 288a, or 289 in which
19he or she was a minor at the time of
the offense and the offense
20involved substantial sexual conduct, as described in Section
211203.066, excluding mutual masturbation.
O
97