People v. Tejeda CA4/3

FACTS

On December 20, 2011, defendant was 30 years old and lived in an apartment across the street from a church parking lot. That afternoon, six boys, including Jose M., were skateboarding in the parking lot. The boys ranged in age from 12- to 15- years-old.

1 All statutory references are to the Penal Code unless otherwise stated.

2 While the boys were skateboarding, they saw defendant standing on her balcony across the street. Defendant motioned with her hand toward the boys in a way that suggested she wanted them to do a trick with their skateboards. Jose M. thought defendant wanted one of them to ride their skateboard down the church stairs, which is a trick called an “Ollie.” Some of the boys told another boy, B.T., to “show his private part” to defendant if he completed the skateboard trick. B.T. landed the trick and flashed his 2 penis to defendant. After he did this, defendant exposed her breasts to the boys. Defendant then made a hand gesture to the boys, which they interpreted as an invitation to come up to her apartment. Two of the boys went up to the apartment first, while the remaining four boys waited at a neighboring store. A short time later, one of the boys in…