Lewd Conduct

Juvenile Accused of Rape of Intoxicated Woman in Morgan Hill (CA Penal Code §261(3))

After a night of drinking, a woman (40) decided to do what she thought was the responsible thing and take a taxicab home.  However, she was so intoxicated that, once they arrived at her residence, the cab driver needed some help getting her into her home.  A woman and her son (16-years-old) offered their assistance.  So far, this seems like the story of two good Samaritans who, without any good reason, wanted to help a neighbor. However, the 16-year-old son has been accused of returning to the woman’s house later that evening, raping her, and then bringing two other juveniles (one...

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Lewd Conduct Filmed on BART Train (CA Penal Code §647)

The Bay Area Rapid Transit system (BART for short) is meant to be a family-friendly transportation alternative for people who live in the area. However, a one-minute long amateur pornographic video filmed on one of the trains has BART officials worried that the public will lose faith in its safety and security.  The very short film was made while the train was in motion.  Police believe that the half-dressed couple engaging in sex were in a seat near the rear of a train car, that the footage was taken whilst the train was going through a tunnel, and that the...

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Criminal Charges vs Mental Health: Naked Acrobat Display at San Francisco Bart Station

When 24-year-old Yeiner Garizabaldo (known as Yeiner Perez to his friends) is the name of the naked acrobat who has been charged on at least two felony counts of false imprisonment (CA Penal Code §236), a misdemeanor count of sexual battery (CA Penal Code §243.4) , and four misdemeanor counts of battery on public transportation property (CA Penal Code §240-248).  What could a young, professional acrobat have done to face such allegations?  Most of us have heard the story – Perez was in the middle of rehearsal for a show at the Stage Werx Theatre when his friends noticed that...

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Fremont Teacher’s Recipe Web Search Ends in Molestation Charges (CA Penal Code §288)

63-year-old Michael Shoop’s living nightmare began 10 years ago, when he was arrested on child pornography charges and then sentenced to one year and one day in federal prison.  His defense?  The images showed up on his computer after he did a search on the Internet for recipes to make an asparagus dish.  What does asparagus have to do with child pornography? Evidently, the word is a slang term for a young boy’s genitals.  So, Shoop was convicted of the charges, served his term, and made a deal with the authorities – he would register as a sex offender and...

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Rio Linda Woman Sentence to 192 years for Child Molestation (CA Penal Code §288)

40-year-old Rosemary Eusted was sentenced to 72 years + 120 years to life for the ongoing molestation of at least four children over a period of several years.  Two were girls that spent time in her home and were 6 and 7 years old when the molestation occurred in 1997.  Then, in 2005, Eusted molested two additional victims (5-10 years old) in Placer County.  It is only in recent years that Eusted’s victims have felt comfortable enough to come forth, fearing her violent nature and threats.  In the case before the Sacramento Superior Court, all victims testified and Eusted was...

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Vacaville High School Teacher Accused of Lewd Acts with a Minor (CA Penal Code §288)

After several interviews and checking the text messages on the phone of a young girl, a warrant was put out for the arrest of Rodney Orosco, 47, an English teacher at Vacaville High. Orosco turned himself in to authorities upon learning of the warrant, but it remains to be seen whether he acted in a manner inappropriate enough to justify the charges against him. In the state of California, Penal Code §288 covers “lewd acts with a minor” and, in cases like that of Orosco, the mind of the public goes to the worst possible places – that the child’s sexual...

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Former Granada High School Teacher Found Guilty of Molestation of Student (CA Penal Code §11164 – §11174.3)

Marie Johnson, 42, has taught math in the Livermore area for more than 13 years. But after pleading no contest to 9 felony charges of molestation relating to her extended connection with a 14-year-old male student, she will spend a good bit of her time in prison and most likely never teach again.  For four months spanning from December 2010 to May 2001, Johnson and the young boy carried on a sexual relationship.  It began with seemingly harmless messaging through social media like Facebook and Words With Friends, along with text messaging.  The two had sex a number of times...

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Juveniles Arrested in Pott Case will not be tried as adults (CA Welfare & Institutions Code §602(b);707))

When 15-year-old Audrie Pott took her own life this past September, it was, her mother claims, it was the fault of 3 boys who sexually assaulted Audrie at a party, then shared pictures of the assault with the entirety of her Saratoga high school.  Each of the boys involved were arrested for 1 misdemeanor and 2 felony counts each, including charges of sexual assault, penetration with a foreign object, and possession of child pornography.  In September, the 3 were removed from the Saratoga High School football team, but not expelled from school as the assault happened away from school grounds...

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California Penal Code 288 and 261 Convictions in Oakland Exonerated

Unfortunately, the story of Johnny Williams is not uncommon.  In 1998, a 9-year-old girl was raped while on her way to school close to MacArthur Boulevard and 82nd Street.  She told her mother that the man had called himself “Johnny.”  Thinking of the only man with that name that lived in the neighborhood, the girl’s mother led police to Williams and the child identified him at trial.  Yet, Williams maintained his innocence, even after spending the last 14 years in the San Diego state prison for the crime and he finally solicited the help of The Innocence Project out of...

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