P. v. Banks
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The Chelsea King Child Predator Prevention Act of 2010 penalizes human trafficking of a minor. It targets a person who preys upon, and forces, a minor to engage in commercial sex acts for the person’s financial benefit. The penalty for this crime is fifteen years to life imprisonment. That was the sentence imposed here. Defendant appealed the judgment after a jury convicted him of human trafficking of a minor (“Doe”) for a commercial sex act and found true the allegation that the offense involved force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury. Appellant contends: (1) the trial court erred in denying his motion to suppress evidence obtained during a warrantless search of his vehicle, (2) he has standing to challenge the search of Doe’s cell phone, (3) the evidence is insufficient that he used force or fear to induce Doe to engage in commercial sex, (4) the prosecutor committed misconduct during argument, (5) the trial court erred in failing to instruct on the lesser included offense of attempted pandering, and (6) the cumulative impact of the “errors” requires reversal.
The Second Appellate District affirmed. First, the court found that sufficient evidence supports the jury’s finding that Defendant used force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury as set forth in section 236.1, subdivision (c)(2). Further, the court explained here there is no substantial evidence that Defendant was guilty of the lesser offense of attempted pandering but not the greater offense of trafficking of a minor.
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