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Under p.c. § , must the victim truly be a minor?
Anthony Robert Korwin was a high school teacher in Imperial County. Korwin responded to thisagreeing that she was too young, but saying they could chat. The undercover officer and Korwin continued to chat for four or five months. The two then exchanged photographs. Korwin then told her he was a high school teacher and had several crushes on students over the years, but never acted on them.
Eventually, Korwin suggested he could treat the girl to fast food and a soda. He said he could take some photographs of her and send them to a modeling agency.
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He also said he wanted to take naked photos of her or suggestive photos at a park. They then finally agreed to meet at a fast food restaurant.
Korwin instructed her what to wear and what to bring. He told her to bring an extra set of panties. He said she could change in the car on the way to the park.
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Korwin was arrested when he arrived at the meeting spot. A search of his car found condoms, male enhancement pills, a camera bag and the photo the agent sent him. The judge sentenced Korwin to three years in state prison, the middle term on He argued that his erroneous belief that he was contacting a minor does not meet the statutory requirements. Thus, by meeting with her and being found with certain items, his intent to meet a minor and commit a sexual offense was clear.
The appellate court held that the statute focused on making it a crime for the intent, not the actual facts of the crime. The fact that the woman or the decoy was not a minor is not relevant. The crime took place because Korwin contacted and communicated with the person, believing she was a minor. In fact, she told him she was 13 and, at first, he responded that the two could not do anything more than chat.
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We present this case summary to the reader to illustrate how such statutes are interpreted. The real crime is the intent element in many sex offenses. Communities Served. Review Us on Google.
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