Under P.C. § 288.3, Must the Victim Truly Be a Minor?

The answer to the rhetorical question posed in the title to this post involving contacting a minor with knowledge and intent to commit a sexual offense is no, as exemplified by the recent reported ruling by the Fourth Appellate District Court of Appeal in San Diego. In People v. Robert Anthony Korwin, a police officer responded to Korwin’s classified ad and posed as a thirteen-year-old female. Korwin believed “she” was 13 and attempted to arrange a meeting with her, with the intent of having sex with “her.” He was arrested, charged and convicted of violating Penal Code § 288.3 and later appealed his conviction on grounds that he could not have violated 288.3 because the officer was over 18. To read how the appellate court explained this was a losing argument, please click on the following link.




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