Quigley

Quigley v. Super. Ct. CA5

Good Law
Court of Appeal of CaliforniaMay 28, 2015F068812California509 words

Opinion

Opinion

DISCUSSION

Section 647.6, subdivision (a), a misdemeanor offense, punishes “[e]very person who annoys or molests any child under 18 years of age.” (§ 647.6, subd. (a)(1).) This section does not require touching but requires conduct that a normal person would unhesitatingly find irritating or annoying. (People v. Phillips (2010) 188 Cal.App.4th 1383, 1396.) Further, it is firmly established that the conduct must be motivated by an unnatural or abnormal sexual interest in children in general or in a specific child. (Ibid.) By entering a no contest plea, appellant admitted every element of the crime charged. (People v. DeVaughn (1977) 18 Cal.3d 889, 895; People v. Voit (2011) 200 Cal.App.4th 1353, 1364.) Therefore, contrary to appellant’s position, the trial court was

All further statutory references are to the Penal Code.

2. not required to make a specific finding that appellant’s conduct was motivated by an unnatural or abnormal sexual interest in his victim. Appellant’s no contest plea admitted this element of the offense. In Hofsheier, the 22-year-old defendant was convicted of voluntary oral copulation with a minor who was 16 or 17 years of age under section 288a,…

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