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Name: People v. Martinez
Case #: Ho21773
District 6 DCA
Opinion Date: 10/30/2001
Subsequent History: Rev. granted 1/23/02. Depublished.

Penal Code section 653f, subdivision (c) prohibits the solicitation of another to commit various sex crimes, including oral copulation with a 14-year-old by a person 10 years or more older. However, the solicitee must be asked to violate one of the specified crimes. Thus, defendant did not violate section 653f, subdivision (c), where he offered a 14-year-old girl money for oral sex. She could not commit the crime because a minor victim of a lewd act is not criminally liable.