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PEOPLE v. THOMPSON

No. E038743.

48 Cal.Rptr.3d 803 (2006)

142 Cal.App.4th 1426

The PEOPLE, Plaintiff and Respondent, v. Jason Markeith THOMPSON, Defendant and Appellant.

Court of Appeal of California, Fourth District, Division Two.

September 15, 2006.

Attorney(s) appearing for the Case

Gregory Marshall, under appointment by the Court of Appeal, Palo Cedro, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Pamela Ratner Sobeck, Supervising Deputy Attorney General, and Ronald A. Jakob, Deputy Attorney General, for Plaintiff and Respondent.

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...

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