People v. Bodkin CA4/3

DISCUSSION

A. Substantial Evidence Supports Bodkin’s Convictions for Sexual Intercourse and

Penetration of a Child under 10 Years Old Bodkin contends there is insufficient evidence of penetration to support the

convictions. We disagree. Section 288.7, subdivision (a), charged in count one, provided, “Any person 18 years of age or older who engages in sexual intercourse or sodomy with a child who is 10 years of age or younger is guilty of a felony and shall be punished by imprisonment in the state prison for a term of 25 years to life.” Section 288.7, subdivision (b), charged in count two, provided, “Any person 18 years of age or older who engages in oral copulation or sexual penetration, as defined in Section 289, with a child who is 10 years of age or younger is guilty of a felony and shall be punished by imprisonment in the state prison for a term of 15 years to life.” Section 289, subdivision (k)(1), defines sexual penetration as “the act of causing the penetration, however slight,

3 of the genital or anal opening of any person or causing another person to so penetrate the defendant’s or another person’s genital or anal opening for the purpose of sexual arousal,…