People v. Lee CA4/1

INTRODUCTION

This case arose when defendant David Bruce Lee posted an advertisement on the

Craigslist website offering to pay for sexual favors, unwittingly exchanged online

communications with a police officer who portrayed himself as a 14-year-old girl

responding to the ad, and then attempted to personally contact the fictitious minor for the

purpose of having sex. Lee pleaded guilty to one count of attempting to contact a minor

with intent to commit a sexual offense in violation of Penal Code1 section 288.3,

subdivision (a) (hereafter section 288.3(a)).2 The trial court granted Lee probation on

condition that he register as a sex offender under the Sex Offender Registration Act

(§ 290 et seq.) (Act). The Act allows discretionary sex offender registration for

defendants convicted of unlawful sexual intercourse with a minor (§§ 261.5, 290.006),

but imposes mandatory sex offender registration for defendants convicted of crimes

involving other types of sexual activity with a minor (§ 290, subds. (b), (c), hereafter

All further undesignated statutory references are to the Penal Code.

Section 288.3(a) provides: "Every person who contacts or communicates…