Ream

Opinion .

Penal Code section 803, subdivision (g) (section 803(g)), enlarges the period of limitations for prosecution of specified sex offenses to allow a “criminal complaint” to be filed “within one year of the date of a report to a law enforcement agency by a person of any age alleging that he or she, while under the age of 18 years, was the victim . . .” of a specified sex offense. We shall conclude that section 803(g) is not implicated where, as here, the report of those offenses to a law enforcement agency is made not by the victim, who is unaware she was so victimized, but by a person other than the victim.

Petitioner is the defendant in a criminal action pending in respondent superior court in which he is charged with three counts of violation of Penal Code section 288, subdivision (a) (section 288(a)), an offense specified in section 803(g). The six-year statute of limitations applicable to violation of section 288(a) (Pen. Code, § 800) had expired as to all three counts before the prosecution commenced. Unless the additional one-year period prescribed by section 803(g) applies, this prosecution is time-barred by Penal Code section 800.

Petitioner (defendant) seeks a…