Legal Opinion
People v. Thompson
California Court of Appeal
Decided September 15, 2006No. E038743PublishedCited by 4 opinions
1Opinion of the Court
Opinion
RICHLI, J.
It is a felony to have sex — including intercourse, oral sex, sodomy and digital penetration — with a person who is so developmentally disabled as to be “incapable ... of giving legal consent,” provided “this is known or reasonably should be known to the person committing the act.” (Pen. Code, §§ 261, subd. (a)(1), 286, subds. (g), (h), 288a, subd. (d), 289, subds. (b), (c).) This is true even if the victim purports to consent. (People v. Griffin (1897) 117 Cal. 583, 585 [49 P. 711], overruled on another point in People v. Hernandez (1964) 61 Cal.2d 529, 536 [39 Cal.Rptr.…
2Cases cited21 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Go-Bart Importing Co. v. United StatesSupreme Court of the United States · 1931
- People v. RodriguezCalifornia Supreme Court · 1986
- People v. DanielsCalifornia Supreme Court · 1969
- People v. KraftCalifornia Supreme Court · 2000
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3Cited by4 opinions
- State v. HuntSupreme Court of North Carolina · 2012
- People v. MirandaCalifornia Court of Appeal · 2011
- People v. VukodinovichCalifornia Court of Appeal · 2015
- People v. MirandaCalifornia Court of Appeal · 2011