In Re Paul C.

In this case arising out of proceedings conducted in the juvenile court pursuant to Welfare and Institutions Code section 602, we hold that a minor under age 14 may be adjudged responsible for violating Penal Code sections 288, subdivision (a) and 288a, subdivision (b)(1). (Undesignated statutory references are to the Penal Code.)

The juvenile court sustained a petition charging 13-year-old Paul C. with committing a lewd or lascivious act on a child under 14 years of age (§ 288, subd. (a)) and participating in oral copulation with a person under the age of 18 (§ 288a, subd. (b)(1)).

Paul appeals, contending (1) as a matter of law, a minor under age 14 cannot be a perpetrator of the adjudicated offenses; (2) the findings of the juvenile court are not supported by substantial evidence; (3) Paul’s statements to investigating officers were improperly admitted; (4) evidence of the complainant’s prior sex behavior was improperly excluded; (5) charging 2 offenses for the same act was duplicative; and (6) the offense should be reduced to a violation of section 272, contributing to the delinquency of a minor.

In this published portion of the opinion, we consider and reject the…