People v. Macias
Annotate this CaseRaquel and Defendant had two children together, and Raquel had three other children, including L., age 13. When Defendant left the household in 2015, Raquel gathered his belongings and found a children’s tablet computer that Raquel thought the children had lost. She returned it to her daughter, who discovered videos on the tablet of L. “exposed.” Vacaville Police examined the tablet's camera housing, which had been “pried apart.” On the back of the tablet, Velcro had been attached. The videos were taken in the bathroom and showed L. naked. There was a hole, the size of a dime, in a wicker basket on the corner of the bathroom counter and inside the lid, there was a strip of Velcro. On the bookshelf in L’s room, Raquel lifted a “black lid cap” and discovered a similar hole, going all the way through the bookshelf. A jury found Defendant guilty of using a minor for purposes of posing for sexual conduct. The court of appeal affirmed, rejecting Defendant’s claim the trial court should have instructed the jury sua sponte on the lesser uncharged offense of unauthorized invasion of privacy. The trial court had no duty to instruct on unauthorized invasion of privacy because it is not a lesser included offense of using a minor for purposes of posing for sexual conduct under the elements test or the accusatory pleading test.
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