People v. Martinez
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
SPARKS, J.
Since the original enactment of the Penal Code in 1872, sodomy had been euphemistically defined as “the infamous crime against nature, committed with mankind or with any animal....” (Former Pen. Code, § 286.) In 1975 the Legislature amended Penal Code section 286 and bluntly redefined the crime of sodomy as “sexual conduct consisting of contact between the penis of one person and the anus of another person.” (Stats. 1975, ch. 71, § 7, p. 133.) The issue tendered in this appeal is whether penetration remains an element of the redefined crime of sodomy. We reaffirm that it does.
2Cases cited27 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Rose v. ClarkSupreme Court of the United States · 1986
- People v. SedenoCalifornia Supreme Court · 1974
- People v. GarciaCalifornia Supreme Court · 1984
- People v. ModestoCalifornia Supreme Court · 1963
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3Cited by8 opinions
- People v. HarrisonCalifornia Supreme Court · 1989
- People v. RamirezCalifornia Supreme Court · 1990
- People v. HuynhCalifornia Court of Appeal · 2012
- People v. PazCalifornia Court of Appeal · 2017
- People v. HarrisonCalifornia Supreme Court · 1989
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