John Doe (name withheld in order to protect the privacy of the accused) was allegedly extremely intoxicated when he mistook his home and his own bed for that of a 13-year-old boy’s. The child lives in San Rafael, as does John Doe and the former awoke in the early morning hours to find that a strange, naked man was in his bed. When he alerted his mother to this fact, John Doe ran out of the room, but not after stopping to put on his boxer shorts, which were balled up in a corner. He was subsequently arrested on several different charges, including felony burglary, felony child molestation, and misdemeanor aggravated trespassing.
In California, an individual may be charged with burglary even though they did not actually steal anything (CA Penal Code 459). This is because ‘burglary’ is defined as illegally entering a home or place of business, not as solely stealing property. He was charged with felony burglary because prosecutors believe that they can prove that he entered the home with the express purpose of committing a felony, that of felony child molestation. California Penal Code 288 addresses any ‘lewd acts with a child.’ Interestingly, a person could be charged with this crime even if they have not touched the child in question in a sexual way and even if that touching was over the clothes. Evidently, getting into the wrong bed nude and falling asleep counts. Because the child was 13, he may face up to 8 years in state prison and a strike on his record under the California Three Strikes Law.