People v. Tobias

Opinion

BROWN, J.

In this case, we decide whether a child under 18 who has a consensual sexual relationship with a parent is, like the parent, guilty of incest (Pen. Code, § 285)1 and therefore an accomplice to the parent’s crime, whose testimony against the parent is subject to the cautionary rules governing accomplice testimony. The Court of Appeal held that such a child is an accomplice and therefore the trial court should have given accomplice instructions to the jury. Nevertheless, the court found the error harmless and affirmed defendant’s conviction.

We conclude that a child under 18 who…