Kurey

Introduction

Appellant challenges the finding of a probation violation for the violation of Penal Code section 311.11 on the grounds that the statute is unconstitutional, allowing conviction when the minor “appears” to be under age 18, that expert testimony of “apparent age” is inadmissible and that there is insufficient evidence that appellant knew the actors in the video clips were under 18. We affirm.

Statement of Facts

Appellant, Thomas Joseph Kurey (Kurey) was charged with two counts of committing a lewd act upon the body of a child under the age of 14. (Pen. Code, § 288, subd. (a); counts 1 and 2). On March 23, 1999, prior to the preliminary hearing, Kurey pled guilty to count 1 and count 2 was dismissed pursuant to a plea agreement. On April 30, 1999, imposition'of sentence was suspended, Kurey was placed on five years’ formal probation with various conditions of probation, including 270 days in the county jail, submission to search and seizure at any time of the day or night, by law enforcement or probation officer, and obey all laws and orders of the court.

On December 22, 1999, Orange County Sheriff Wade Walsvick went to Kurey’s residence to evaluate Mr.…