California v. KorwinAnnotate this Case
Anthony Korwin was convicted by jury of: attempting to commit a lewd act upon a child, (count 1); contacting a minor with knowledge and intent to commit a sexual offense (count 2); and meeting with a minor for lewd purposes (count 3). He exchanged sexually explicit messages over the course of nearly five months with a law enforcement agent who Korwin believed was a 13- or 14- year-old girl. Korwin was arrested when he arrived at a restaurant where he arranged to meet the girl. Police officers recovered from his vehicle cameras, condoms, and the phone he used for the communications, which contained an age-regressed photo of another agent sent to Korwin during the communications. The court sentenced Korwin to three years in prison based upon the middle term for count 3. The court stayed punishment for count 1 (one year) and count 2 (three years) pursuant to Penal Code section 654. Korwin challenges only his conviction for count 2, contending there was insufficient evidence to support his conviction under section Penal Code Section 288.3(a) because the agent was not actually a minor. He contends his erroneous belief he was communicating with a minor was not a substitute for the statutory requirements. The Court of Appeal disagreed with Korwin’s interpretation of that statute, concluding it was contrary to both the plain meaning of the statute and its purpose. Therefore, the Court affirmed judgment.