Legal Opinion
The People v. McEvoy
California Court of Appeal
Decided April 15, 2013No. A132360Published
1Opinion of the Court
Opinion
KLINE, P. J.
Daniel Ruben McEvoy appeals from convictions of incest and assáult arising from a sexual encounter with his sister. He challenges the constitutionality of California’s incest statute as violating his due process rights by criminalizing consensual sexual conduct between adults. We affirm.
STATEMENT OF THE CASE
Appellant was charged by information filed on August 20, 2010, with incest (Pen. Code, § 285—count one), 1 oral copulation of an unconscious person (§ 288a, subd. (f)—count two), sexual penetration of an unconscious person (§ 289, subd. (d)—count three), attempted rape…
2Cases cited16 opinions
- Planned Parenthood of Southeastern Pa. v. CaseySupreme Court of the United States · 1992
- Lawrence v. TexasSupreme Court of the United States · 2003
- Bowers v. HardwickSupreme Court of the United States · 1986
- Michael H. v. Gerald D.Supreme Court of the United States · 1989
- State v. LoweOhio Supreme Court · 2007
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