Paz

We hold that a reasonable, good faith mistake about the age of a 14- or 15-year-old victim is not a defense to a charge under Penal Code section 288, subdivision (c)(1).

A Stanislaus County jury convicted 28-year-old appellant, Ulisses Paz, of, among other conduct, lewd or lascivious acts upon 14-year-old H.G. (Pen. Code, § 288, subd. (c)(1) [victim 14 or 15 years old and defendant at least 10 years older]). At sentencing on this conviction and on two violations of probation, the court committed appellant to state prison for the middle base term of two years (§ 288, subd. (c)(1)) and for a consecutive one-year term for violation of probation on a prior conviction for possession of controlled substance in prison (§ 4573.6).

Facts

Discussion

I.

At trial, H.G. admitted she told appellant she was 16 years old, when in fact she was only 14. Relying on that testimony, appellant contends the trial court had a sua sponte duty to instruct on reasonable, good faith mistake of age and asks this court to recognize the theory as a defense to a charge under subdivision (c)(1) of section 288 (hereafter subdivision (c)(1)). Appellant acknowledges the 1984 California Supreme Court…