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Name: In re D.G.
Case #: B235755
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 08/30/2012

Where stepfather repeatedly offered minor money to have sex with him but did not actually touch her, the trial court properly found sufficient evidence of sexual abuse in violation of section 300(d). Father repeatedly offered his minor stepdaughter money to perform different sexual acts with him. A Welfare and Institutions Code section 300(d) petition was sustained. On appeal, Father did not dispute that substantial evidence supported the court’s conclusion that these incidents occurred, but that as a matter of law, Father’s solicitation of sex from the minor did not constitute sexual abuse pursuant to section 300, subdivision (d). The appellate court rejected the argument and affirmed. Father’s repeated acts of offering the minor money and a car for sex was conduct that was evidence of his abnormal sexual motivation which would irritate a normal child and invade her privacy and security. An actual touching is not required. Father’s persistent sexual interest in the stepdaughter despite repeated rebuffs would cause any reasonable person to conclude that a substantial risk existed that he would escalate from verbal to physical molestation and that his interest would extend to the younger minor who was reaching the same age.