People v. Cornett, 53 Cal. 4th 1261 (Cal. 2012)

Facts

  • Michael David Cornett sexually molested his two stepdaughters and was convicted of seven felony sex offenses.
  • One count charged oral copulation of Jane Doe 1 under California Penal Code § 288.7(b), which applies when an adult engages in specified sexual conduct “with a child who is 10 years of age or younger.”
  • At the time of the charged § 288.7(b) offense, Jane Doe 1 was 10 years and approximately 11 months old.
  • The trial court imposed a sentence of 50 years to life on the § 288.7(b) count and stayed it under Penal Code § 654.
  • The Court of Appeal reversed that count, construing § 288.7 to cover only conduct occurring before or on the child’s 10th birthday.
  • The California Supreme Court granted review to determine the meaning of “10 years of age or younger” in § 288.7.

Issues

  1. Whether “10 years of age or younger” in Penal Code § 288.7 includes a child who has reached the 10th birthday but not the 11th birthday.
  2. Whether the statute is limited to children molested before or on the day of their 10th birthday.

Decision

  • The California Supreme Court reversed the Court of Appeal to the extent it set aside Cornett’s § 288.7(b) conviction involving Jane Doe 1.
  • The Court held that “10 years of age or younger” in § 288.7 includes children who are 10 but have not yet turned 11.
  • The Court concluded the statutory phrase is another way of saying “under 11 years of age.”
  • Because Jane Doe 1 was under 11 at the time of the offense, Cornett’s § 288.7(b) conviction was proper.
  • In Penal Code § 288.7, “10 years of age or younger” means under 11 years of age, including children from their 10th birthday up to (but not including) their 11th birthday.
  • Statutory language is interpreted in context and according to ordinary usage; describing a child as “10 years old” remains accurate until the child turns 11.
  • The rule of lenity does not apply where the statute, read in text, context, and ordinary meaning, is not genuinely ambiguous.

Conclusion

The court construed Penal Code § 288.7’s age element to cover any child under 11, rejecting a reading that would exclude children after their 10th birthday, and reinstated Cornett’s § 288.7(b) conviction involving a 10-year-11-month-old victim.