Navellier v. Sletten

The People appeal the dismissal of an information filed against Donald Ray Hillhouse. Hillhouse was charged with 10 counts of oral copulation of a person incapable of giving legal consent because of a mental disorder or developmental or physical disability (Pen. Code, § 288a, subd. (g)) and 10 counts of sexual penetration by a foreign object of a person incapable of giving consent because of a mental disorder or developmental or physical disability (§ 289, subd. (b).) All of the charges stemmed from Hillhouses alleged contacts with Brian K., a 14 year old who suffers from a degree of mental impairment. The trial court dismissed the information on the ground that sections 288a, subdivision (g) and 289, subdivision (b) were inapplicable to acts committed against a minor, because minors are incapable of giving legal consent to sexual acts, without regard to any mental impairment. We reverse.