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Name: People v. Hurtado
Case #: S082112
Court: CA Supreme Court
District CalSup
Opinion Date: 08/22/2002
Subsequent History: Rehrg. den. 10/30/02

SVPA case. A commitment under the Sexually Violent Predator Act (Welf. and Inst. Code, sec. 6600 et seq.) requires a finding beyond a reasonable doubt that the defendant is likely to commit sexually violent predatory behavior upon release. Thus, it was error to fail to instruct the jury that they must determine the defendant’s future sexual behavior is likely to be directed “toward a stranger, a person of casual acquaintance with whom no substantial relationship exists, or an individual with whom a relationship has been established or promoted for the primary purpose is victimization.” (Welf. and Inst. Code, sec. 6600, subd.(e).) However, in this case, the error was harmless.