Imler

Here we hold that one can commit the crime of attempted child molestation by speaking to the victim over the telephone.

Defendant Steven Imler pled guilty to numerous counts of making threats over the telephone to commit crimes that would result in death or great bodily injury to another. (Pen. Code, § 422.) His appeal concerns only one count concerning his conviction of attempting to commit a lewd act upon a child. (Pen. Code, §§ 664/288, subd. (a).) He contends the evidence is insufficient to establish the crime of attempt.

We disagree and affirm the conviction.

Facts

Imler telephoned numerous Ventura County residences which were listed in the telephone book under the names of both spouses. Upon reaching the wife or child, he stated that he was holding the husband or father at gunpoint. For those persons he called who did not hang up, he ordered them to remove their clothing and masturbate. He threatened some of the women that “his men” or “his boys” were watching the house and would rape or kill her or her children if she did not comply. Following an investigation, Imler admitted placing the calls and said he was venting stress.

He pled guilty to nine counts of…