People v. White CA2/6

FACTS

Prosecution Evidence Charged Conduct On May 24, 2012, two eighth grade girls, H.G. and I.O., were doing homework after school in the children's section of the E.P. Foster Library in Ventura. At the time, H.G. was 14 years old and I.O. was 13 years old. Appellant, a 44-year-old man whom the girls did not know, walked up to them, touched or shook their hands, and said hello. The girls started laughing nervously because they were caught off guard.

4 For the target offense, the trial court selected use of a minor to pose for commercial sexual images (§ 311.4, subd. (b)). The jury explicitly found that appellant intended to violate both sections 311.4, subdivision (b) and 288 as target offenses. 2 Appellant asked the girls how old they were, and they told him. He told them that they were "sexy" and "beautiful" and that they should make "porno" movies and have their photos taken. "But," he said, "don't tell anyone." Appellant told the girls that he attended Brooks Institute, a film school in Ojai, and wanted to make a film with them and put it on Facebook or YouTube. He said to H.G., "Let's use your camera," referring to the camera on her cell phone. H.G. lied and…