People v. Superior Court

*697 Opinion

INTRODUCTION

In an information, defendant and real party in interest Victor Fidel Maldonado (defendant), is charged with continuous sexual abuse of a child (Pen. Code, § 288.5, subd. (a)) 1 and lewd acts on a child (§ 288, subd. (a)), 2 which acts constituted “substantial sexual conduct” as defined in section 1203.066, subdivision (b). 3 The information alleges that defendant committed these offenses between August 1,1992, and August 1, 1996, against his then minor children—a son and a daughter. These children are now adults.

The statute of limitations for violating either section 288 or section 288.5 is six years from the commission of the offense. (§§ 800 & 805, subd. (a).) Section 803, subdivision (f), 4 however, extends the period of limitations until *698 one year from the date of a report to a California law enforcement agency by a person alleging he or she, while a minor, was the victim of a violation of specified statutes, including sections 288, subdivision (a) and 288.5, subdivision (a), provided the following criteria are met: (1) the limitation period has otherwise expired; (2) the reported crime involved substantial sexual conduct; (3) there is…

Michael P. Judge, Public Defender, Albert J. Menaster, Frederick Brennan and Robert Hill, Deputy Public Defenders, for Real Party in Interest.

In an information, defendant and real party in interest Victor Fidel Maldonado (defendant), is charged with continuous sexual abuse of a child (Pen.Code, § 288.5, subd. (a)) [1] and lewd acts on a child (§ 288, subd. (a)), [2] which acts constituted "substantial sexual conduct" as defined in section 1203.066, subdivision (b). [3] The information alleges that defendant committed these offenses between August 1, 1992, and August 1, 1996, against his then minor children—a son and a daughter. These children are now adults.

The statute of limitations for violating either section 288 or section 288.5 is six years from the commission of the offense. (§§ 800 and 805, subd. (a).) Section 803, subdivision (f), [4] however, extends the period of limitations until one year from the date of a report to a California law enforcement agency by a person alleging he or she, while a minor, was the victim of a violation of specified statutes, including sections 288, subdivision (a) and 288.5, subdivision (a), provided the following criteria are…

I concur in the judgment. I believe that Penal Code section 803, subdivision (f)(2)(B) with its reference to “[t]he crime” is ambiguous. At one point, Penal Code section 803, subdivision (f)(1) refers to a report by a victim “of a crime described in Section . . . 288.” Later in Penal Code section 803, subdivision (f)(2)(B) there is the requirement that the “crime” involve substantial sexual conduct within the meaning of Penal Code section 1203.066. Defendant argues that the mere reporting of a violation of Penal Code section 288 triggers the one-year statute of limitations. By contrast, the prosecution contends that the initial report of the crime must involve substantial sexual conduct within the meaning of Penal Code section 1203.066. The nonspecific use of the term “crime” in both parts of section 803, subdivision (f) creates an ambiguity, which permits the use of legislative history materials. (Gattuso v. Harte-Hanks Shoppers, Inc. (2007) 42 Cal.4th 554, 567 [ 67 Cal.Rptr.3d 468 , 169 P.3d 889 ]; Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 543-544 [ 67 Cal.Rptr.3d 330 , 169 P.3d 559 ].)

*705 The provision extending the statute of limitations until one year after a…