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Sex Video With A Stranger



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sex video with a stranger



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Mr. Emory, 21, an aspiring singer and songwriter, became a household name here last month when he edited a video to make it appear that elementary school children in a local classroom were listening to him sing a song with graphic sexual lyrics. He then showed the video in a nightclub and posted it on YouTube.


Tony Tague, the Muskegon County prosecutor, stands firmly in the first camp: He charged Mr. Emory with manufacturing and distributing child pornography, a crime that carries a penalty of up to 20 years in prison and 25 years on the sex offender registry.


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We hold in part that the word "stranger" in Penal Code section 1203.066 has no technical meaning peculiar to the law and [42 Cal. App. 4th 601] therefore that the trial court did not err in refusing an instruction which purported to define the word.


On February 23, 1994, an information was filed in Stanislaus County Superior Court charging appellant Hilton Forbes fn. 1 with commission of a lewd or lascivious act on a child under the age of 14 (Pen. Code, fn. 2 288, subd. (a), count I) and penetration with a foreign object of the genital opening of a child under the age of 14 and more than 10 years younger than the defendant ( 289, subd. (j), count II). As to each count, it was alleged appellant was a stranger to the victim within the meaning of section 1203.066, subdivision (a)(3). Appellant pleaded not guilty and denied the special allegations. fn. 3


[1a] In a novel argument, appellant contends the trial court erred by failing to give his requested instruction setting forth a definition of the word "stranger" in conjunction with the section 1203.066 allegation of count I. fn. 11 Appellant says "stranger" has numerous meanings, many of which are contradictory. Relying on settled principles of statutory construction, he [42 Cal. App. 4th 602] asserts the trial court was obligated to resolve the ambiguity in his favor. Since some of the dictionary definitions of "stranger" favor appellant's position that he was not a stranger to Cynthia T., the victim, he concludes that "the trial court should have instructed with a definition that was reasonably favorable to appellant."


The definition in appellant's requested instruction read: "A stranger is a person with whom one is unacquainted, such as an intruder into the house of another." During a discussion of this instruction, the trial court noted that the dictionary contained more than one definition of "stranger" and asked, "[W]hich definition are we going to get?" This ensued:


"Mr. Maner: Maybe we're creating a problem that we don't have to. Maybe a better solution is to wait 'til they ask and then do it. They may not ask. Also, Your Honor, I