Welfare and Institutions Code 602

Welfare and Institutions

Code 602

(b) Any person who is alleged, when he or she was 14 years of age

or older, to have committed one of the following offenses shall be

prosecuted under the general law in a court of criminal jurisdiction:

The following sex offenses, if the prosecutor alleges that the

minor personally committed the offense, and if the prosecutor

alleges one of the circumstances enumerated in the One Strike law,

subdivision (d) or (e) of Section 667.61 of the Penal Code, applies:

*Forcible lewd and lascivious acts on a child under the age of 14 years

*Lewd and lascivious acts on a child under the age of 14 years

*Murder

*Spousal Rape

*Forcible sexual penetration

*Rape

*Forcible Sex

*Sodomy or oral copulation

Key Words

*W&I Code 602 is a Felony charge.

Lewd: Inclined to, characterized by, or inciting to lust or lechery; lascivious.

Sodomy: Sexual conduct consisting of contact between the penis of one person and the anus of another person. Any sexual penetration, however slight, is sufficient to complete the crime of

sodomy.

Lascivious: Inclined to lustfulness; wanton; lewd

Copulation: Sexual intercourse.

Case Law Decision

John S. (1988)

John S., a 15-year-old minor, appeals from an order declaring him to be a ward of the juvenile court pursuant to Welfare and Institutions Code section 602. The order is based upon findings that he had committed two counts of lewd and lascivious conduct (Pen. Code, § 288, subd. (a)) and one count of oral copulation (Pen. Code, § 288a, subd. (b)(1)).

Case Summary

Here the minor, a 15-year-old, was informed of his Miranda rights. He indicated to the officer in a calm manner that he understood his rights, that he wanted to, and in fact did, waive them. He now makes no claim that, based on his level of maturity, intelligence or education, he was unable to make an intelligent and knowing waiver. Further, the minor was aware that his parents were present in the police station, but, unlike Burton, he made no request to speak with them. He had also been warned by his mother, when he was initially taken into custody, not to speak with the police. Thus, the record supports the trial court's finding that his confession was freely [199 Cal. App. 3d 447] and voluntarily made after a knowing and intelligent waiver of his constitutional rights.

(a) Except as provided in subdivision (b), any person who is

under the age of 18 years when he or she violates any law of this

state or of the United States or any ordinance of any city or county

of this state defining crime other than an ordinance establishing a

curfew based solely on age, is within the jurisdiction of the

juvenile court, which may adjudge such person to be a ward of the

court.