People v. Grant

Opinion

KENNARD, J.

Penal Code section 288.5 1 provides that any person who resides with or has recurring access to a child under the age of fourteen, and who molests that child at least three times during a period of not less than three months, is guilty of “continuous sexual abuse,” a felony. When, as here, the sexual abuse begins before, but continues after, section 288.5’s effective date, does the abusive conduct fall within the statutory language? If so, can a conviction be affirmed under the statute without violating provisions in the state and federal Constitutions prohibiting ex post…