MICHAEL M. v. SUPERIOR COURT

Docket No. S.F. 23929.

25 Cal.3d 608 (1979)

MICHAEL M. Petitioner, v. THE SUPERIOR COURT OF SONOMA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

November 5, 1979.


Attorney(s) appearing for the Case

COUNSEL

Gregory F. Jilka and Teresa de la O for Petitioner.

Marteen J. Miller, Public Defender (Sonoma), and Lynn S. Young, Deputy Public Defender, as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Evelle J. Younger and George Deukmejian, Attorneys General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, William R. Pounders and Sandy R. Kriegler, Deputy Attorneys General, for Real Party in Interest.


OPINION

RICHARDSON, J.

We consider the constitutionality of Penal Code section 261.5 (all statutory references are to that code unless otherwise cited), which defines the offense of "unlawful sexual intercourse" as "an act of sexual intercourse accomplished with a female not the wife of the perpetrator, where the female is under the age of 18 years." The crime was formerly called "statutory...

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