People v. Collins
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T.W.’s daughter, T.S., was born in October 1997. T.W. met Collins in January 2010. Nine months later Collins and T.W. were married. Collins attempted aggravated sexual assault on T.S., who eventually gave up fighting back. Collins began having oral sex and sexual intercourse with T.S. In March 2013, when T.S. was 15 years old. Collins was convicted lewd acts upon a child under the age of 14, attempted aggravated sexual assault of a child, aggravated sexual assault of a child, forcible rape of a minor 14 years of age or older, forcible oral copulation upon a minor 14 years of age or older, and simple assault, The court sentenced Collins to 87 years 8 months in prison.
The court of appeal affirmed, with a correction to the judgment order. Attempted aggravated sexual assault upon a child under the age of 14 and seven or more years younger than the perpetrator is a crime. The crime is defined through the interplay of Penal Code section 269(a)(1), which makes it a crime for any person to rape a child under 14 years of age and seven or more years younger than the perpetrator, and the statutory provisions relating to attempts.
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