CdwJava
Senior Member
And PC 647.6 can sometimes be be a difficult nut to crack before a jury. But, should a medical practitioner believe that this particular offense took place, it is a reportable offense. However, we don't train doctors in the legal differences between annoying and harassing, digital penetration, sodomy, and sexual intercourse as they regard to minors and reporting. While some may know, it has been my experience that they tend to err on the side of their patient's wishes unless the scenario stinks.
The elements to be proven at trial include the following (and consent is not a defense to PC 647.6):
1. The defendant engaged in conduct directed at a child;
2. A normal person, without hesitation, would have been disturbed, irritated, offended, or injured by the defendant’s conduct;
3. The defendant’s conduct was motivated by an unnatural or abnormal sexual interest in the child;
AND
4. The child was under the age of 18 years at the time of the conduct.
The elements to be proven at trial include the following (and consent is not a defense to PC 647.6):
1. The defendant engaged in conduct directed at a child;
2. A normal person, without hesitation, would have been disturbed, irritated, offended, or injured by the defendant’s conduct;
3. The defendant’s conduct was motivated by an unnatural or abnormal sexual interest in the child;
AND
4. The child was under the age of 18 years at the time of the conduct.