P.

P. v. Musgrave CA1/4

Good Law
Court of Appeal of CaliforniaJune 28, 2013A136434California1,791 words

Opinion

Opinion

Humes, J.

I.

FACTUAL AND PROCEDURAL

BACKGROUND

Musgrave was 23 years old when, in June 2011, she met a 15-year-old girl through a social networking website. Although the girl claimed to be 18 years old in her online profile, she informed Musgrave during their first contact that she was actually only 15. Musgrave and the girl subsequently met “about 20 times” in June. They engaged in sexual activity, including kissing, touching, digital penetration, and oral copulation. In

1 August, Musgrave drove the girl to Southern California, where she digitally penetrated her. According to Musgrave, all sexual activity with the 15-year-old girl was consensual. When the mother of the 15 year old learned of the relationship, she notified San Mateo police, who arrested Musgrave. Musgrave was charged by information with several offenses. She thereafter pleaded no contest under a plea agreement to one felony count of sexual penetration of a minor under 16 by a person over 21 (Pen. Code, § 289, subd. (i))1 and one felony count of oral copulation of a minor under 16 by a person over 21 (§ 288a, subd. (b)(2)), and the balance of the information against her was dismissed. The probation department recommended…

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