People v. Ponce CA3

BACKGROUND

M.D., who was 19 years old at the time of trial, testified that when she was eight years old defendant took her to a secluded fishing spot. After fishing, defendant told her to watch a pornographic video on his phone while he packed up. M.D. described the video as “a woman, a guy, and they were both without clothes, and they were touching each other in the private parts, as well as they were basically having sexual moments.” She explained she saw a penis and a vagina, and by “sexual moments,” she meant the man and woman were having sex because “the penis was getting in the vagina from the lady.” M.D. did not understand why her father asked her to watch the video. At the time, he did not ask her any questions about the video or offer any explanation. She estimated she spent 10 minutes watching the video before defendant got in the truck, took the phone from her without saying anything, and drove them home. On the way home, defendant warned her they would get in trouble if she told her mother about the video. A few months after the fishing trip, defendant played M.D. another video on his phone while they were at home. M.D. testified that the video showed adult women…