Full question:
Is sexting to a minor by an adult illegal in California?
- Category: Mobile Phones
- Subcategory: Sexting
- Date:
- State: California
Answer:
In the case of People v. Villagran, the California Court of Appeals addressed the issue of sexting involving minors. The case involved Juan Pablo Cruz Villagran, who communicated with girls under 14 years old via a text messaging app. He sent them sexually explicit photos of himself and requested nude photos in return. As a result, he was charged with multiple counts of attempted violation of Penal Code section 288, subdivision (a) (section 288(a)). The jury found him guilty, and he appealed.
Cruz argued that a conviction under section 288(a) requires a physical encounter or constructive touching with sexual intent. He also claimed that he should not be prosecuted under a more general statute when his conduct was already covered by section 288.3, a more specific statute.
The Court held that a defendant can commit attempted lewd and lascivious acts on a child under 14 through text messaging. It clarified that the required sexual intent and touching do not need to happen at the same time.
Section 288.3 of the California Penal Code states that anyone who contacts or communicates with a minor, knowing they are a minor, with the intent to commit certain specified offenses, can be punished by imprisonment for the term prescribed for an attempt to commit the intended offense. This includes communication through various means, such as electronic communications (Cal. Penal Code § 288.3).
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