After 14 Years, Former Fremont Elementary Teacher Arrested for Child Molestation (CA Penal Code 288)

14 years ago, a Fremont elementary teacher from Hayward was accused of molesting a child. However, he was not arrested until just recently. The 52-year-old man was working at Blacow Elementary and Azeveda Elementary before having allegedly sodomized a child on more than one occasion, oral copulation of a minor, and continually sexually abusing a minor child. 14 years ago, 2 male students accused the man, yet he suddenly disappeared before he could be arrested. Since then, he has been on the run and was eventually discovered residing in the Brooklyn Heights neighborhood in Los Angeles.

California law is quite clear when it comes to any kind of lewd act performed on a minor (CA Penal Code 288). Yet, so-called ‘sodomy laws’ also apply in the case above (CA Penal Code 286). Not that long ago, any anal copulation was criminalized by most states, however, this is no longer the case. There are only a very few situations in which there are acts of sodomy that are illegal: 1) when someone is forced into sodomy and 2) when sodomy is performed on a minor child (CA Penal Code 286(b)(1), 286(b)(2), and 286(b)(3)).

When a child is involved, penalties for illegal sodomy can be particularly harsh. For example, the minimum punishment for engaging in an act of sodomy with a child under the age of 18 is at least 1 year in state prison. However, if the minor in question is under the age of 16, the crime is considered a felony and could face up to 8 years in state prison. If force or violence was used, consequences rise to up to 13 years in state prison. Each case is treated differently, and punishment depends wholly on the allegations involved.

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