Wednesday, February 15, 2012

People v. Brandao (Cal. Ct. App. - Feb. 8, 2012)

Here's a question for you.  One especially timely given that yesterday was Valentine's Day.  (Though hopefully the fact scenario below doesn't even come close to applying to your particular status.)
Which is worse:

(A) Having sex with a 16-year old girl?  Or

(B) Sending a text message to a 16-year old girl that says "I missing you"?

Assume that you're a 37 year old man.

The answer, of course, is (B).  Much worse.  At least according to California.  Which requires mandatory lifetime registration as a sex offender for the latter, but not the former.

And according to the Court of Appeal, this doesn't violate equal protection.  It's instead a statute with a rational basis.  Someone could reasonably conclude that the latter is more culpable.