Appellant was charged in 1999 with acts of lewd conduct with a minor committed in 1989. On appeal, he argued that his conviction was time-barred, since the statute of limitations for the offense was six years. The appellate court here held that the offense fell under the exception authorized by Penal Code section 803, subdivision (g). The victim of the offense reported the offense to her counselor in 1997, who reported it directly to law enforcement. The action was subsequently filed within a year, and was therefore timely under the statute. In the unpublished portion of the opinion, the court also held that section 803(g) is not an unconstitutional ex post facto law.
Case Summaries