In this case we address whether subjecting sex offenders convicted under Penal Code section 288, subdivision (a) (section 288(a)) (lewd or lascivious conduct with a minor under the age of 14), to mandatory sex offender registration violates their right to equal protection of the laws where registration for certain other sex offenders is discretionary. (Undesignated statutory references are to the Penal Code.) We conclude that it does not violate equal protection because offenders convicted under section 288(a) are not similarly situated to persons convicted of offenses under section 261.5 (unlawful sexual intercourse with a minor), section 288a, subdivision (b)(1) (section 288a(b)(1)) (oral copulation with a minor), and section 289,
In January 2006, the Riverside County Sheriff's Department conducted a sting operation in Mira Loma that involved Perverted Justice, an organization aimed at "protecting kids from internet predators," and NBC's Dateline television show. Perverted Justice volunteers pose as children in Internet chat rooms to find sexual predators.
As part of the sting operation, Carey Gregory, a Perverted Justice volunteer, posed as a 12-year-old girl named "Julie" in an Internet chat room. Gregory used the screen name "juliegrrrrrl" and created a profile for "Julie" that included a picture of a young girl and indicated that she was 12 years old. While "Julie" was in the chat room, Inderjeet Singh viewed her profile. Singh then contacted "Julie" and proceeded to have a sexually explicit discussion with her online.
At the outset of their conversation, Singh asked "Julie" for her age, sex and location, to which "Julie" responded that she was a 12-year-old female in Riverside. "Julie" also told him that she was in the sixth grade. Singh quickly turned the chat in a sexual direction by asking "Julie" if it is true "that middle school people are sex freak[s]." Singh asked detailed questions about "Julie's" prior sexual experiences, such as whether she knew what "eating out" was, whether she liked playing in the shower, if she was sure "[she] can take older guy," and if she likes "doggy style." Singh informed "Julie" that if she felt a "need for sex," he could "fulfill that need."
At one point, Singh expressed concern about whether he would be in trouble for talking to a teenager online and stated that he was a "bit concerned doing under age." Singh continued the discussion by suggesting that they watch a movie together and play video games. Shortly thereafter, however, Singh turned the conversation back to sex and made arrangements to meet "Julie" at her house. "Julie" suggested that Singh bring "mikes hard lemonade" and condoms with him.
As planned, Singh went to "Julie's" house the next day. He did not bring any alcohol or sexually related material with him. When Singh entered the
Singh claims the evidence was insufficient to convict him because more than one reasonable inference can be drawn from the evidence regarding his intent. We reject Singh's argument.
In determining the sufficiency of the evidence to support a conviction, "the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." (Jackson v. Virginia (1979) 443 U.S. 307, 319 [1 L.Ed.2d 560, 99 S.Ct. 2781].) "[T]he court must review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidence—that is, evidence which is reasonable, credible, and of solid value—such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt." (People v. Johnson (1980) 26 Cal.3d 557, 578 [162 Cal.Rptr. 431, 606 P.2d 738].) Moreover, "`[a] judgment of conviction will not be set aside for insufficiency of the evidence to support the jury's verdict unless it is clearly shown there is no basis on which the evidence can support the conclusion of the jury. The credibility of witnesses and the weight to be accorded to the evidence are matters to be determined by the trier of fact. [Citations.]'" (People v. Cardenas (1994) 21 Cal.App.4th 927, 938 [26 Cal.Rptr.2d 567].) Reversal of the judgment is not warranted even if we might have made contrary findings or drawn different inferences, as it is the trier of fact, not the appellate court, that must be convinced beyond a reasonable doubt. (People v. Perez (1992) 2 Cal.4th 1117, 1126 [9 Cal.Rptr.2d 577, 831 P.2d 1159].)
Although the jury here was free to accept Singh's contention that he had not formed the requisite intent, the jury was also free to reject that contention. (See People v. Hillhouse (2002) 27 Cal.4th 469, 497 [117 Cal.Rptr.2d 45, 40 P.3d 754].) There is substantial evidence in the record supporting the jury's determination that Singh intended to commit a lewd and lascivious act on a minor under 14 years of age. Despite knowing "Julie's" age, Singh engaged in a sexually explicit discussion with her, asked her detailed sexual questions, told her that he could fulfill her sexual needs, and went to her house. In light of these facts, and as Singh concedes, the jury's inference regarding his intent was reasonable. We may not substitute our conclusion for that of the trier of fact where, as here, the facts support more than one inference. (Bowers v. Bernards (1984) 150 Cal.App.3d 870, 873-874 [197 Cal.Rptr. 925].)
Singh contends that subjecting him to the mandatory sex offender registration requirement of section 290 violates his right to equal protection because there is no rational basis for requiring him to register when registration for individuals convicted of other felony sex offenses is discretionary. We disagree.
Singh relies on our decision in Ranscht to argue that there is no age "dividing line" that determines which offenses require sex offender registration. However, Singh improperly extends the scope of our holding in Ranscht. In Ranscht, the defendant entered into a mutual romantic relationship with a 12- or 13-year-old girl and digitally penetrated her. (Ranscht, supra, 173 Cal.App.4th at p. 1371.) The defendant was charged with four counts of lewd and lascivious acts on a minor under the age of 14 (§ 288(a)) and two counts of sexually penetrating a minor under the age of 18 (§ 289(h)); however, he pleaded guilty to only one count under section 289(h). (Ranscht, supra, 173 Cal.App.4th at pp. 1371-1372.) Focusing on the particular offense of which the defendant was convicted, we found that application of section 290's mandatory registration requirement on the defendant would violate his right to equal protection of the laws because he was similarly situated with an offender convicted of unlawful sexual intercourse with a minor. (Ranscht, supra, 173 Cal.App.4th at p. 1375.) In our decision, we distinguished between general and specific intent offenses, noting that unlawful sexual intercourse and oral copulation with a minor are general intent offenses,
Lastly, having determined that the order requiring Singh to register as a sex offender does not violate his right to equal protection of the laws, we need not address his ineffective assistance of counsel claim. (See People v. Price (1991) 1 Cal.4th 324, 440 [3 Cal.Rptr.2d 106, 821 P.2d 610].)
The judgment of the trial court, including the court's order directing Singh to register as a sex offender pursuant to section 290, is affirmed.
McConnell, P. J., and Irion, J., concurred.