Scott

Penal Code section 1202.05 (section 1202.05) provides that whenever a defendant is sentenced to prison for a qualifying crime against a minor, the sentencing court must prohibit prison visitation between the defendant and his “child victim.” In sentencing defendant Michael Scott to prison for sexually abusing two minor females, the court below applied section 1202.05 to prohibit visitation with both victims, although one of them—his daughter, A.S.—was over the age of 18 at the time of sentencing. Defendant contends that this was error and that the court further erred to the extent that it prohibited “contact” between defendant and A.S. We sustain this contention. The danger addressed by section 1202.05 is that children’s caregivers, operating in a state of ignorance or denial, sometimes subject their charges to injurious encounters with their imprisoned abusers. This danger disappears when the victim is no longer subject to the control of his or her parents or guardians. We will also hold that these issues may and should be addressed despite the absence of an objection in the trial court, and that nothing in this record permitted the court to make an order prohibiting all…