In re H.N.

FACTS

H.K. testified that she had a “friendship” relationship with H.N. In October 2019, H.N. came over to her house. H.K. was 15 years old. H.N. was also 15 years old. H.N. and H.K. had “consensual” sexual “intercourse.” H.N. videotaped this sexual encounter without H.K.’s knowledge or consent. The People filed a Welfare and Institutions Code section 602 petition alleging H.N. had violated “PENAL CODE [section] 311.11(a), a Felony.” (Italics added.) The juvenile court sustained the petition and found H.N. possessed child pornography. The court placed H.N. on home probation. It found a maximum term of confinement to be three years.

DISCUSSION

Welfare and Institutions Code Section 702 Finding H.N. contends the juvenile court erred by not making a required Welfare and Institutions Code section 702 finding whether the Penal Code section 311.11, subdivision (a) offense was a felony or a misdemeanor. The People contend a Welfare and Institutions Code section 702 finding was not required because the possession of child pornography offense is a felony, not a wobbler or a misdemeanor. Welfare and Institutions Code section 702 provides, in relevant part, “If the minor is found to have…