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Name: People v. Crabtree
Case #: B192743
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 01/07/2009

The statute of limitations for attempted misdemeanor molestation of a child under the age of 14 years (Pen. Code, secs. 664/ 647.6, subd. (a)(1)) is one year from the offense. In this case, appellant, a former police officer and attorney, was convicted of various offenses involving improper behavior toward minor females, including attempted child molest of a minor under the age of 14. Although Penal Code section 802, subdivision (b) expressly extends the statute of limitations of misdemeanor section 647.6, subdivision (a)(1) to three years, it does not address the separate crime of an attempted section 647.6, subdivision (a)(1) violation, and under rules of statutory construction, the general one-year statute of limitation for misdemeanors governs. Accordingly, as the prosecutions were not brought within the one-year statute, the convictions were reserved.