California Commission on Peace Officer Standards and Training Basic Course Workbook Series PDF

CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Basic Course Workbook Series Student Materials Learning Domain 9 Crimes Against Children Version 6.13 THE MISSION OF THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IS TO CONTINUALLY ENHANCE THE PROFESSIONALISM...

CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Basic Course Workbook Series Student Materials Learning Domain 9 Crimes Against Children Version 6.13 THE MISSION OF THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IS TO CONTINUALLY ENHANCE THE PROFESSIONALISM OF CALIFORNIA LAW ENFORCEMENT IN SERVING ITS COMMUNITIES  Basic Course Workbook Series Student Materials Learning Domain 9 Crimes Against Children Version 6.13 © Copyright 2009 California Commission on Peace Officer Standards and Training (POST) All rights reserved. Published 1998 Revised January 2000 Revised April 2001 Revised January 2003 Revised January 2006 Revised May 2008 Correction February 2015 Correction March 2017 Correction June 2017 Correction July 2017 Correction August 2017 Revised August 2019 Revised December 2019 Revised June 2020 Revised August 2022 This publication may not be reproduced, in whole or in part, in any form or by any means electronic or mechanical or by any information storage and retrieval system now known or hereafter invented, without prior written permission of the California Commission on Peace Officer Standards and Training, with the following exception: California law enforcement or dispatch agencies in the POST program, POST-certified training presenters, and presenters and students of the California basic course instructional system are allowed to copy this publication for non-commercial use. All other individuals, private businesses and corporations, public and private agencies and colleges, professional associations, and non-POST law enforcement agencies in-state or out-of- state may purchase copies of this publication, at cost, from POST as listed below: From POST’s Web Site: www.post.ca.gov Go to Ordering Student Workbooks  COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING COMMISSIONERS Joyce Dudley – Chair District Attorney Santa Barbara County Rick Braziel – Vice Chair Educator Humboldt State University Alan Barcelona Special Agent California Department of Justice Ingrid Braun Sheriff-Coroner Mono County Sheriff’s Department Barry Donelan Sergeant Oakland Police Department Kelly Gordon Chief Monterey Park Police Department P. Lamont Ewell Public Member Geoff Long Public Member Tina Nieto Chief Marina Police Department James O’Rourke Sergeant California Highway Patrol John Marsh Chief Representing Rob Bonta Director of Division of Law Enforcement Attorney General Ex-Officio Member  THE ACADEMY TRAINING MISSION The primary mission of basic training is to prepare students mentally, morally, and physically to advance into a field training program, assume the responsibilities, and execute the duties of a peace officer in society.  FOREWORD The California Commission on Peace Officer Standards and Training sincerely appreciates the efforts of the many curriculum consultants, academy instructors, directors and coordinators who contributed to the development of this workbook. We must also thank the California law enforcement agency executives who allowed their personnel to participate in the development of these training materials. This student workbook is part of the POST Basic Course Training System. The workbook component of this system provides a self-study document for every learning domain in the Basic Course. Each workbook is intended to be a supplement to, not a substitute for, classroom instruction. The objective of the system is to improve academy student learning and information retention and ultimately contribute to you becoming a peace officer committed to safety, and to the communities you will serve. The content of each workbook is organized into sequenced learning modules to meet requirements as prescribed both by California law and the POST Training and Testing Specifications for the Basic Course. It is our hope that the collective wisdom and experience of all who contributed to this workbook will help you, the student, to successfully complete the Basic Course and to enjoy a safe and rewarding career as a peace officer. MANUEL ALVAREZ, Jr. Executive Director  LD 9: Crimes Against Children Table of Contents Topic See Page Preface iii Introduction iii How to Use the Workbook iv Chapter 1: Identifying and Classifying Crimes Against 1-1 Children Overview 1-1 Child Harm, Injury, or Endangerment 1-3 Corporal punishment or injury of child 1-6 Lewd or Lascivious Acts with a Child 1-8 Annoying or Molesting Children 1-14 Possession of Child Pornography 1-18 Unlawful Sexual Intercourse 1-22 Commercial Sexual Exploitation of Children 1-24 Chapter Synopsis 1-28 Workbook Learning Activities 1-30 Chapter 2: Reporting Requirements of Suspected Child 2-1 Abuse Overview 2-1 Reporting Requirements 2-3 Confidentiality for Reporting Party 2-8 Chapter Synopsis 2-10 Workbook Learning Activities 2-11 Continued on next page LD 9: Crimes Against Children i Table of Contents, Continued Topic See Page Chapter 3: Warrantless Entry to Protect Minors 3-1 Overview 3-1 Warrant vs Warrantless Entry 3-2 Chapter Synopsis 3-9 Workbook Learning Activities 3-10 Chapter 4: Child Abuse Investigations 4-1 Overview 4-1 Statutory Definitions of Child Abuse 4-3 Physical and Behavioral Indictors 4-6 Conducting an Interview With a Child Victim 4-18 Chapter Synopsis 4-26 Workbook Activities 4-27 Supplemental Material S-1 Glossary G-1 ii LD 9: Crimes Against Children  Preface Introduction Student The student workbooks are part of the POST Basic Course Instructional workbooks System. This system is designed to provide students with a self-study document to be used in preparation for classroom training. Regular Completion of the Regular Basic Course is required, prior to exercising peace Basic officer powers, as recognized in the California Penal Code and where the Course POST-required standard is the POST Regular Basic Course. training requirement Student The following elements are included in each workbook: workbook elements chapter contents, including a synopsis of key points, supplementary material, and a glossary of terms used in this workbook. LD 9: Crimes Against Children iii How to Use the Student Workbook Introduction This workbook provides an introduction to the training requirements for this Learning Domain. It is intended to be used in several ways: for initial learning prior to classroom attendance, for test preparation, and for remedial training. Workbook To use the workbook most effectively, follow the steps listed below. format Step Action 1 Begin by reading the: Preface and How to Use the Workbook, which provide an overview of how the workbook fits into the POST Instructional System and how it should be used. 2 Refer to the Chapter Synopsis section at the end of each chapter to review the key points that support the chapter objectives. 3 Read the text. 4 Complete the Workbook Learning Activities at the end of each chapter. These activities reinforce the material taught in the chapter. 5 Refer to the Glossary section for a definition of important terms. The terms appear throughout the text and are bolded and underlined the first time they appear (e.g., term). iv LD 9: Crimes Against Children  Chapter 1 Identifying and Classifying Crimes Against Children Overview Learning need To effectively carry out their responsibilities for the protection of children as some of the most vulnerable members of society, peace officers need knowledge of the crimes that may be committed against children. The ability to arrest and successfully prosecute depends on the development of probable cause. Peace officers must know the elements required to prove these crimes and to correctly categorize them as misdemeanors or felonies. Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will be Objective able to: ID recognize the crime elements required to arrest for: - child harm, injury, or endangerment, 9.01.1 - corporal punishment or injury of child, 9.01.2 - lewd or lascivious acts with a child, 9.01.3 - annoying or molesting children, 9.01.4 - possession of child pornography, or 9.01.5 - unlawful sexual intercourse. 9.01.6 recognize the crime classification as a misdemeanor or 9.01.8 felony. Continued on next page LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children 1-1 Overview, Continued In this chapter This chapter focuses on recognizing, naming, and categorizing crimes against children. Refer to the following chart for specific topics. Topic See Page Child Harm, Injury, or Endangerment 1-3 Corporal Punishment or Injury of Child 1-6 Lewd or Lascivious Acts with a Child 1-8 Annoying or Molesting Children 1-14 Possession of Child Pornography 1-18 Unlawful Sexual Intercourse 1-22 Commercial Sexual Exploitation of Children 1-24 Chapter Synopsis 1-28 Workbook Learning Activities 1-30 1-2 LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children Child Harm, Injury or Endangerment Introduction Physical abuse of a child is an act in which a person willfully causes or permits a child to suffer, inflicts unjustifiable pain or mental suffering, or allows a child in his or her care or custody to be placed in a dangerous situation. Policing Children who witness violence in the home are at great risk of being the in the victims of violence themselves or of resorting to violence in defense of an community abusive parent. There are a variety of community resources and social service workers who can help in the attempt to break the cycle of violence. Every effort to intervene in high-risk cases is worth making. A partnership including law enforcement, schools, public social service agencies, and non-profit organizations is often the best way to attempt to save children from harm. Leadership Many laws have been enacted to protect children from strangers and caregivers. Children suffer from neglect in a number of basic areas including food, clothing, and medical care, and they sometimes lack the emotional care and love they need. Suspects and witnesses in these investigations can be highly emotional and peace officers must be sensitive to the situation. Some officers may feel rage and the desire for revenge. These feelings cannot be brushed away, nor can they be acted upon. They have to be managed and the officer must act within the confines of reason and the law. Penal Child harm, injury or endangerment is covered under Penal Code Section 273a. code section Continued on next page LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children 1-3 Child Harm, Injury or Endangerment, Continued Crime To arrest a subject for the crime of child harm, injury or endangerment, the elements necessary crime elements include: any person willfully causing or permitting any child to suffer, or inflicting unjustifiable physical pain or mental suffering, or having the care or custody of any child, and willfully causing or permitting that child to be placed in such a situation that his or her person or health is endangered. NOTE: This is a general intent crime. Even though willfulness is an element, specific intent to harm, injure, endanger, or cause suffering is not a required element of this crime. It may be sufficient to prove criminal negligence. Classification The crime of child harm, injury, or endangerment is either a felony or misdemeanor, depending upon the circumstances or conditions in which the child was placed. The table below shows the distinction between felony and misdemeanor offenses. Description Crime Penal Code Classification Section Circumstances or conditions likely felony 273a(a) to produce great bodily harm or death to the child. Circumstances or conditions other misdemeanor 273a(b) than those likely to produce great bodily harm or death to the child. Assault on a child under the age of felony 273ab 8 which results in death. Continued on next page 1-4 LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children Child Harm, Injury or Endangerment, Continued Related To understand the crime of child harm, injury, or endangerment, peace officers terms need to become familiar with the following terms: Permit means to allow a situation to happen. A child is defined to be any person under 18 years of age. Criminal negligence is flagrant and reckless disregard for the safety of others or willful indifference to any injury that might occur. Such acts are punishable as crimes themselves if injury or death occurs. Great bodily injury is significant or substantial injury. Examples Example: A mother left her infant in an unventilated vehicle on a 90- degree day while she ran into the supermarket. She has committed the crime of child harm, injury, or endangerment. Example: A father left dangerous drugs in an area accessible to a child. He has committed the crime of child harm, injury, or endangerment. Example: An adult babysitter was angry at the 7-year-old for whom she was caring. She punished him by making him stand in a closed closet knowing he was afraid of the dark. She has committed the crime of child harm, injury, or endangerment. LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children 1-5 Corporal Punishment or Injury of Child Introduction Physical abuse of a child is any willful act of physical force that causes corporal injury to a child. Penal Corporal punishment or injury of child is covered under Penal Code Section code 273d(a). section Crime To arrest a subject for the crime of corporal punishment or injury of child, the elements necessary crime elements include: any person who, willfully inflicts upon any child, any cruel or inhuman, corporal punishment or an injury, resulting in a traumatic condition. NOTE: This is a general intent crime. Even though willfulness is an element, specific intent to cause injury is not a required element of this crime. It may be sufficient to prove criminal negligence. Classification Corporal punishment or injury of child is a felony. Parental It is not the intent of the criminal justice system to prevent parents from discipline engaging in reasonable physical discipline of their children. It is considered to be lawful for parents to reasonably discipline their children, including reasonable use of corporal punishment. Related To understand the crime of physical abuse of a child, peace officers need to terms become familiar with the following terms: Corporal punishment is any kind of punishment inflicted on the body. Continued on next page 1-6 LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children Corporal Punishment or Injury of Child, Continued Related A traumatic condition is defined in Penal Code Section 273.5 to be a terms condition of the body, such as a wound or external or internal injury, whether (continued) of a minor or a serious nature, caused by physical force. Several court cases have upheld that this definition does apply to crimes committed under Penal Code Section 273d(a). Cruel or inhuman punishment is any punishment that is considered to be torture or barbaric, or any punishment that is so disproportionate that it shocks the moral sense of the community. NOTE: There is no list of crimes that constitute cruel and unusual punishment. Willful injury alone is sufficient to fulfill this element of child abuse. Examples Example: A father whipped his son with a belt with such force that the next day the school nurse saw redness and the outline of a belt on the son’s back. The father has committed the crime of physical abuse of a child. Example: An adult babysitter attempted to teach a child not to play with matches. She held a match to a child’s hand until a welt was raised. She has committed the crime of corporal punishment or injury of child. LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children 1-7 Lewd or Lascivious Acts with a Child Introduction Lewd or lascivious acts with a child means any act upon or with a child committed with the intent of arousing, appealing to, or gratifying sexual desire of the perpetrator or the child. Penal Lewd or lascivious acts with a child is covered under Penal Code Section 288. code section Crime To arrest a subject for the crime of lewd or lascivious acts with a child, the elements necessary crime elements must include: any person willfully committing any lewd or lascivious act upon or with the body of a child, with the intent of arousing, appealing to, or gratifying one’s sexual desires or those of the child, when the child is under 14 (Penal Code Section 288(a)) or the child is 14 or 15 and the suspect is 10 or more years older than the victim. (Penal Code Section 288(c)(1)) NOTE: A sexual part need not be touched to complete the crime. The act must simply be sexual in nature with intent to arouse either the subject or the child. NOTE: It need not be bare skin that is touched. Touching through clothing can complete the crime. NOTE: It also includes victims being compelled to touch themselves. Continued on next page 1-8 LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children Lewd or Lascivious Acts with a Child, Continued Crime Age of Victim elements Crime 13 or under 14 or 15 16 or 17 (continued) Lewd or lascivious - sexual - sexual - other crimes acts with a child touching by touching when may apply (Penal Code Section anyone suspect is 10 288) or more years older than the Touching required victim Classification The crime of lewd or lascivious acts with a child is a felony. Related To understand the crime of lewd or lascivious acts with a child, peace officers terms need to become familiar with the following terms. A lascivious act is any act which has a tendency to excite lust. A lewd act is one which is committed with a disregard of social constraints. Upon or with the body of a child means that a child’s body or clothing is touched. Continued on next page LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children 1-9 Lewd or Lascivious Acts with a Child, Continued Related The table below shows the additional Penal Code sections related to lewd or statutes lascivious acts with a child. Description Crime Penal Code Classification Section Act committed by use of force, felony 288(b)(1) violence, duress, menace, or fear of immediate and unlawful injury of the child or another person. Continual sexual abuse: felony 288.5 When an offender has recurring access to a child under the age of 14 and commits three or more felonies over a period of at least three months. Continued on next page 1-10 LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children Lewd or Lascivious Acts with a Child, Continued Related Description Crime Penal Code statutes Classification Section (continued) Every person who knows, should felony/ 288.2(a)(1) have known, or believes that misdemeanor another person is a minor, and who knowingly distributes, sends, causes to be sent, exhibits, or offers to distribute or exhibit by any means, including by physical delivery, telephone, electronic communication, or in person, any harmful matter that depicts a minor or minors engaging in sexual conduct, to the other person with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of the minor, and with the intent that either person touch an intimate body part of the other, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, or is guilty of a felony, punishable by imprisonment in the state prison for two, three, or five years.. Continued on next page LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children 1-11 Lewd or Lascivious Acts with a Child, Continued Related Description Crime Penal Code statutes Classification Section (continued) If the matter used by the person felony/ 288.2(a)(2) is harmful matter but does not misdemeanor include a depiction or depictions of a minor or minors engaged in sexual conduct, the offense is punishable by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison for 16 months, two or three years. Continued on next page 1-12 LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children Lewd or Lascivious Acts with a Child, Continued Related Description Crime Penal Code statutes Classification Section (continued) Any person 18 years of age or felony 288.7(a) older who engages in sexual intercourse or sodomy with a child who is 10 years of age or younger. Any person 18 years of age or felony 288.7(b) older who engages in oral copulation or sexual penetration, as defined in Section 289 with a child who is 10 years of age or younger. Examples Example: An adult female talked a 13-year-old boy into kissing her and then placed his hand on her breast. The woman has committed the crime of lewd or lascivious acts with a child. Example: A 35-year-old woman began to rub the penis of her daughter’s 15-year-old boyfriend through his pants. She has committed the crime of lewd or lascivious acts with a child. LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children 1-13 Annoying or Molesting Children Introduction Annoying or molesting children is any act committed against a person under the age of 18 which would annoy any reasonable person. Penal Annoying or molesting children is covered under Penal Code Section 647.6. code section Crime To arrest a subject for the crime of annoying or molesting children, the elements necessary crime elements include: any person annoying or molesting any child under the age of 18. NOTE: This is a general intent crime. It is not necessary to prove that subjects intended to annoy or molest, merely that they intended to commit the annoying act. NOTE: Touching is not a required element of this crime. The offense can be words alone. Classification Annoying or molesting children is a misdemeanor. It can also be classified as a felony under specific subsections of Penal Code Section 647.6. It can also be classified as a misdemeanor under Penal Code Section 647.6(a)(2). Continued on next page 1-14 LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children Annoying or Molesting Children, Continued Related To understand the crime of annoying or molesting children, peace officers terms need to become familiar with the following terms: Annoy means to harass, disturb, or irritate, especially by repeated acts. Molest means to make annoying sexual advances. Additional The table below shows the subsections of Penal Code Section 647.6 which are penal code related to annoying or molesting children. sections Description Crime Penal Code Classification Section Subject commits an act after entering an felony 647.6(b) inhabited house or dwelling without consent. Arrest with prior conviction Penal Code felony 647.6(c)(1) Section 647.6. The subject commits an act and has a felony 647.6(c)(2) prior felony conviction under - Penal Code Section 288, lewd or lascivious acts upon a child; or - Penal Code Section 311.4, use of a child for pornography. Continued on next page LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children 1-15 Annoying or Molesting Children, Continued Examples Example: An adult female made sexually explicit remarks to a 17- year-old boy about his body. She committed the crime of annoying or molesting children. Example: An adult male unlawfully entered a home and began to masturbate in front of a 4-year-old child. He committed the crime of annoying or molesting children. This is classified as a felony. Example: A teacher wrote nine sexually explicit love letters to a 13- year-old student saying she loved him and dreamed about him. She committed the crime of annoying or molesting children. Felony or misdemeanor classification will depend on prior convictions. Continued on next page 1-16 LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children Annoying or Molesting Children, Continued Comparing The following chart provides a quick guide for distinguishing between lewd acts with Penal Code Sections 288 and 647.6. annoying and molesting Age of Victim Crime 13 or under 14 or 15 16 or 17 Lewd or lascivious - sexual - sexual - other crimes acts with a child touching by touching when may apply (Penal Code Section anyone suspect is 10 288) or more years older than the Touching required victim Annoying or - verbal - verbal - verbal molesting children annoying annoying with annoying (Penal Code Section with sexual sexual intent, with sexual 647.6) intent or intent, or - sexual - sexual Touching not touching when touching by required, although suspect is not anyone it can be 10 years older than the victim LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children 1-17 Possession of Child Pornography Introduction Possession of child pornography is an act in which a person knowingly possesses or controls material showing a person under the age of 18 years engaging in or simulating sexual conduct. Penal The possession of child pornography is covered under Penal Code Section code 311.11. section Crime To arrest a subject for the crime of possession of child pornography the elements necessary crime elements include: knowingly possesses, or controls any matter, showing a child under the age of 18 years, engaging in or simulating sexual conduct. NOTE: Peace officers must remember that nudity is not necessarily lewd, and they should pay close attention to what is defined as sexual conduct by Penal Code Section 311.4(d). In the same way, nudity is not required for an act to be considered lewd or pornographic. NOTE: Penal Code Section 311.11(c) establishes that it is not necessary to prove that the matter is obscene in order to establish a violation. Classification The crime of possession of child pornography Penal Code Section 311.11(a) is classified as a felony. Violation of Penal Code Section 311.11(a) with a previous conviction falls under Penal Code Section 311.11(b) and is a felony. Continued on next page 1-18 LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children Possession of Child Pornography, Continued Related To understand the crime of possession of child pornography, peace officers terms need to become familiar with the following terms: Possession means having domain, control, and knowledge of the object. Controlling means having power or authority to manage, direct, superintend, restrict, regulate, govern, administer, or oversee. Simulated means giving the appearance of something. Simulated sexual conduct means any act or pose that gives the appearance of being sexual conduct. Materials Any matter, in the case of child pornography, may include the following items: included as child Developed or undeveloped film pornography Negatives Photocopies Filmstrips Slides Videotapes or laser discs Books, magazines, newspapers, or written material photographic in nature Computer hardware or software including: - floppy discs, - data storage media, - CD-ROM players, - computer generated images, or - computer imaging equipment. Continued on next page LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children 1-19 Possession of Child Pornography, Continued Materials Any matter, in the case of child pornography, does NOT include the following NOT included items: as child pornography Drawings, Figurines, Statues, Any film rated by the Motion Picture Association of America, Live or recorded telephone messages when transmitted, disseminated, or distributed as part of a commercial transaction, Nudity alone may not constitute child pornography. Sexual Sexual conduct is defined by Penal Code Section 311.4(d) as any of the conduct following acts, whether they are committed alone, between members of the same sex, members of the opposite sex, or between humans and animals. Examples of sexual conduct include: sexual intercourse, oral copulation, anal intercourse, anal-oral intercourse, masturbation, bestiality, sexual sadism, sexual masochism, penetration of the vagina or rectum by any object in a lewd or lascivious manner, exhibition of the genitals, pubic, or rectal area for the purpose of sexual stimulation of the viewer, any lewd or lascivious act as defined in Penal Code Section 288, or excretory functions performed in a lewd or lascivious manner. Continued on next page 1-20 LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children Possession of Child Pornography, Continued Related The table below shows the additional penal code sections which deal with statutes particular instances of the crime. Description Crime Penal Code Classification Section Manufacturing or distributing felony 311.1(a) child pornography Examples Example: An adult female was in possession of a videotape showing her 12-year-old daughter engaging in sexual intercourse. She has committed the crime of possession of child pornography. Example: An adult male is discovered, during a routine traffic stop, to have photographs of a young child orally copulating a man. He has committed the crime of possession of child pornography. LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children 1-21 Unlawful Sexual Intercourse Introduction Unlawful sexual intercourse is sexual intercourse with a minor who is not married to the perpetrator. Penal Unlawful sexual intercourse is covered under Penal Code Section 261.5. code section Crime To arrest a subject for the crime of unlawful sexual intercourse, the necessary elements crime elements include: sexual intercourse, with a minor under the age of 18, who is not the spouse of the perpetrator. Classification The crime of unlawful sexual intercourse is dependent upon the age difference between the perpetrator and the victim. If the age difference between perpetrator and the crime is classified victim is... as a... three years or less misdemeanor greater than three years felony Continued on next page 1-22 LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children Unlawful Sexual Intercourse, Continued Related To understand the crime of unlawful sexual intercourse, peace officers need to terms become familiar with the following terms: Sexual intercourse is any penile-vaginal penetration, however slight. Spouse is a person’s legal husband or wife. Examples Example: A 25-year-old male had consensual sexual intercourse with his family’s 16-year-old babysitter. He has committed the crime of unlawful sexual intercourse. Example: Two 16-year-olds were dating. They willingly engaged in sexual intercourse. They have committed the crime of unlawful sexual intercourse. LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children 1-23 Commercial Sexual Exploitation of Children Introduction Peace officers must be trained to recognize the commercial sexual exploitation of children and identify victims of human trafficking. Penal code The human trafficking of a minor/commercial sexual exploitation of children section is covered under Penal Code Section 236.1(c). Crime Crime elements to arrest a subject for the crime of human trafficking of a elements minor/commercial sexual exploitation of children, the necessary crime elements include: Any person who causes, induces, or persuades a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of Penal Code Section 266, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518. Classification The crime of human trafficking of a minor/commercial sexual exploitation of children is a felony. Statutory Changes in legislation made the laws that criminalized soliciting or engaging changes in prostitution inapplicable to CSE youth. This changed the foundation of how child sex trafficking cases are investigated and how minor victims are identified and engaged. The changes include that: CSE minors may no longer be prosecuted for soliciting or engaging in prostitution and may not be detained in a county juvenile justice center on suspicion of that crime; A child abuse and neglect report be made to the local county child welfare agency should officers encounter a minor involved in a commercial sex act; and A minor be taken into temporary protective custody pursuant to Welfare and Institutions Code Section 300 (b), for either release to placement to a legal parent or guardian. Peace officers must take an approach that is welfare and safety oriented, including the use of trauma- informed rapport building and collaboration with community providers to begin their initial interviews with a victim. Continued on next page 1-24 LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children Commercial Sexual Exploitation of Children, Continued Initial Interview Peace officers are the first people with whom CSE youth come into contact. This encounter sets the tone and framework for that youth’s experience, as well as how receptive they may be to all adults from that point forward. It is essential, for both the case and the youth’s well-being, that this interaction be positive, mindful, and rooted in harm reduction strategies. Action/Behavior Strategies Angry, defiant, Offer food, clothing, a nap, or to meet any other combative, shut basic needs down, “I choose to Allow time for decompression, and for the do this, nobody youth to use the restroom and to freshen up if makes me.” desired Create a “soft space” for interviewing. Refrain from interviewing in any holding areas or interrogation rooms. Allow the youth to make a phone call to a verifiable support person such as their social worker, a close adult friend or relative. Nervous, Evasive, Remind youth they are not in trouble or under Preoccupied arrest. You are there to help and to ensure they are safe. If a phone is seized, attempt to process it as soon as possible so that it can be returned to the youth. If the youth is anxious and angry about their phone this may be indicative that the youth is controlled and fearful that the exploiter will be angry if unable to reach them. Disoriented Trauma impacts a youth’s ability to recall information. There may be gaps in their story, and it may be presented in a non-linear fashion. Additional information will likely be recalled over time. Exploiters may use chemical substances to control their victims; be mindful a youth may be under the influence or coming down. Exploiters also use food and sleep deprivation as a means for control-ensure youth have access to these necessities. Continued on next page LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children 1-25 Commercial Sexual Exploitation of Children, Continue Related terms To understand the crime of human trafficking of a minor/commercial sexual exploitation of children, peace officers need to become familiar with the following terms: Coercion includes a scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; the abuse or threatened abuse of the legal process; debt bondage; or providing and facilitating the possession of a controlled substance to a person with the intent to impair the person’s judgment. Commercial sex act means sexual conduct on account of which anything of value is given or received by a person. Deprivation or violation of the personal liberty of another includes substantial and sustained restriction of another’s liberty accomplished through force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person, under circumstances where the person receiving or apprehending the threat reasonably believes that it is likely that the person making the threat would carry it out. Duress includes a direct or implied threat of force, violence, danger, hardship, or retribution sufficient to cause a reasonable person to acquiesce in or perform an act which he or she would otherwise not have submitted to or performed; a direct or implied threat to destroy, conceal, remove, confiscate, or possess an actual or purported passport or immigration document of the victim; or knowingly destroying, concealing, removing, confiscating, or possessing an actual or purported passport or immigration document of the victim. NOTE: Coercion, deprivation of personal liberty, and/or duress are not required crime elements of Penal Code Section 236.1(c), but may be considered for enhancements pursuant to Penal Code Section 236.1(c)(2). Continued on next page 1-26 LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children Commercial Sexual Exploitation of Children, Continued Identification of Peace officers need to be aware of the indicators when a child is engaged in victims the commercial sexual exploitation of children. When a peace officer comes into contact with a child who has been deprived of his or her personal liberty. They should consider the following indicators: Signs of trauma, fatigue, injury, or other evidence of poor care. The person is withdrawn, afraid to talk, or his or her communication is censored by another person. The person does not have freedom of movement. The person lives and works in one place. The person owes a debt to his or her employer. Security measures are used to control who has contact with the person. The person does not have control over his or her own government- issued identification or over his or her worker immigration documents (Penal Code Section 236.2). Penal A child under 18 years of age who is alleged to have engaged in conduct to code receive money or other consideration that would, if committed by an adult, is section not in violation. A commercially exploited child under this paragraph may be 647(b)(5) adjudged a dependent child of the court pursuant to Welfare and Institutions Code Section 300(b)(2) and may be taken into temporary custody pursuant to Welfare and Institutions Code Section 305(a), if the conditions allowing temporary custody without warrant are met. Welfare and Any peace officer may, without a warrant, take into temporary custody a Institutions minor when the officer has reasonable cause for believing that the minor is a code section person described in Welfare and Institutions Code Section 300, and, in 305(a) addition, that the minor has an immediate need for medical care, or the minor is in immediate danger of physical or sexual abuse, or the physical environment or the fact that the child is left unattended poses an immediate threat to the child’s health or safety. In cases in which the child is left unattended, the peace officer shall first attempt to contact the child’s parent or guardian to determine if the parent or guardian is able to assume custody of the child. If the parent or guardian cannot be contacted, the peace officer shall notify a social worker in the county welfare department to assume custody of the child. Continued on next page LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children 1-27 Commercial Sexual Exploitation of Children, Continued Defense to a In addition to any other affirmative defense, it is a defense to a charge of a charge of a crime that the person was coerced to commit the offense as a direct result of crime being a human trafficking victim at the time of the offense and had a reasonable fear of harm. This defense does not apply to a serious felony, as defined in Penal Code Section 1192.7(c), or a violent felony, as defined in Penal Code Section 667.5(c), or a violation of Penal Code Section 236.1(Penal Code Section 236.23(a)). Consent by a victim of human trafficking who is a minor at the time of the commission of the offense is not a defense to a criminal prosecution under this section. (Penal Code 236.1(e)). Declaration of Within 15 business days of the first encounter with a victim of human law trafficking, as defined by Penal Code Section 236.1, law enforcement agencies enforcement shall provide brief letters that satisfy the following Law Enforcement Agency officer for a (LEA) endorsement regulations as found in the Code of Federal Regulations victim of Title 8 Section 214.11(f)(1) (Penal Code Section 236.5). trafficking in persons 1-28 LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children Chapter Synopsis Learning need To effectively carry out their responsibilities for the protection of children as some of the most vulnerable members of society, peace officers need knowledge of the crimes that may be committed against children. The ability to arrest and successfully prosecute depends on the development of probable cause. Peace officers must know the elements required to prove these crimes and to correctly categorize them as misdemeanors or felonies. Child harm, An act in which a person willfully causes or permits a child to suffer, inflicts injury, or unjustifiable pain or mental suffering, or allows a child in his or her care or endangerment custody to be placed in a dangerous situation. [9.01.1, 9.01.8] The crime of child harm, injury, or endangerment is covered under Penal Code Section 273a. Physical Any willful act of physical force that causes corporal injury to a child. abuse of a child The crime of physical abuse of a child is covered under Penal Code Section [9.01.2, 273d. 9.01.8] Lewd or Any act upon or with the body of a child committed with the intent of lascivious arousing, appealing to, or gratifying sexual desires of the perpetrator or the acts with child. a child [9.01.3, The crime of lewd or lascivious acts with a child is covered under Penal Code 9.01.8] Section 288. Annoying or Any act committed against a person under the age of 18 which would annoy molesting any reasonable person. children [9.01.4, The crime of annoying or molesting children is covered under Penal Code 9.01.8] Section 647.6. Continued on next page LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children 1-29 Chapter Synopsis, Continued Possession An act in which a person knowingly possesses or controls material showing a of child person under the age of 18 years engaging in or simulating sexual conduct. pornography [9.01.5, The crime of possession of child pornography is covered under Penal Code 9.01.8] Section 311.11. Unlawful Sexual intercourse with a minor who is not married to the perpetrator. sexual intercourse The crime of unlawful sexual intercourse is covered under Penal Code Section [9.01.6, 261.5. 9.01.8] Commercial Any person who causes, induces, or persuades a person who is a minor at the sexual time of commission of the offense to engage in a commercial sex act, with the exploitation of intent to effect or maintain a violation of Penal Code Section 266, 266i, 266j, children 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518. The crime of the commercial sexual exploitation of children is covered under Penal Code Section 236.1(c). 1-30 LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children Workbook Learning Activities Introduction To help you review and apply the material covered in this chapter, a selection of learning activities has been included. No answers are provided. However, by referring to the appropriate text, you should be able to prepare a response. Activity 1. A peace officer is directed by a concerned parent to a woman handing out questions pamphlets on the street. The pamphlets show a graphic depiction of a male and a female, who appear to be teenagers, demonstrating how to use a condom. The topic of the pamphlet is safe sex. Can the woman be arrested for possession of child pornography? Why or why not? If she is passing out the pamphlets specifically to young teens, is she committing any other crime against children? 2. What crime elements distinguish the crime of physical abuse of a child from the crime of annoying or molesting children? Under what circumstances is each crime a felony? Continued on next page LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children 1-31 Workbook Learning Activities, Continued Activity 3. A 30-year-old male flees in his vehicle during a routine traffic stop. When questions the vehicle is stopped after a high-speed chase, the officers discover an (continued) unrestrained 2-year-old toddler crying in the back seat. In addition to any other crimes associated with the traffic stop and his flight, what, if any, crimes against children may have taken place? 4. A 35-year-old woman masturbates in her bedroom in front of her son’s 13- year-old male friend. The friend states that he likes the experience and asks if he can watch again sometime. Given the attitude of the young man, has any crime against children been committed? Why or why not? Continued on next page 1-32 LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children Workbook Learning Activities, Continued Activity 5. A peace officer on patrol encounters a car parked on the side of a freeway. questions The officer discovers a boy and a girl, each 16 years old engaged in sexual (continued) intercourse. They indicate they are consenting. Have any crimes against children been committed? If so, what is the crime and would it be classified as a felony or misdemeanor? Would the situation change if the male were 22 years old? 6. What are the crime elements required to arrest a suspect for child harm, injury, or endangerment? What circumstances distinguish a misdemeanor arrest from a felony arrest with this crime? Continued on next page LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children 1-33 Workbook Learning Activities, Continued Activity 7. A peace officer is dispatched to a large protest at a local bookstore. The questions protest leader shows the peace officer a book that is offered for sale in the (continued) store. The book contains photographs of nude male and female children, alone and together, sometimes hugging. Some of the boys are depicted with erections. The protest leader wants the store owner arrested and the book removed from the store. Is the book child pornography? Should the officer arrest the store owner and remove the books? If so, what is the charge? 1-34 LD 9: Chapter 1 - Identifying and Classifying Crimes Against Children  Chapter 2 Reporting Requirements of Suspected Child Abuse Overview Learning need The California Penal Code mandates that certain professional occupations follow specific requirements for reporting suspected child abuse cases to the proper authority. Failure to do so is a crime. Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will be Objective able to: ID identify by category the professional occupations 9.02.1 required to report suspected child abuse. recognize the specific law enforcement reporting 9.02.2 requirements. recognize the required documentation when investigating 9.02.3 crimes against children. recognize a peace officer’s responsibility for maintaining 9.02.4 the confidentiality of the reporting party. Continued on next page LD 9: Chapter 2 – Reporting Requirements of Suspected Child Abuse 2-1 Overview, Continue In this chapter This chapter focuses on the reporting requirements in cases of suspected child abuse. Refer to the following chart for specific topics. Topic See Page Reporting Requirements 2-3 Confidentiality for Reporting Party 2-8 Chapter Synopsis 2-10 Workbook Learning Activities 2-12 2-2 LD 9: Chapter 2 – Reporting Requirements of Suspected Child Abuse Reporting Requirements Introduction Penal Code Section 11166 mandates that certain professional occupations are required to report suspected child abuse to the proper authority. There are certain requirements for how and when reporting must be completed. Professionals Several professionals are required by law (Penal Code Section 11166) to responsible report any incident of which they have direct knowledge, or if they have for reporting observed a child that they know or reasonably suspect has been a victim of suspected child abuse. These professionals include: child abuse child care custodians (including teachers and peace officers), health practitioners (medical and non-medical), employees of child protective agencies, child visitation monitors, firefighters, clergy (except when in confessional), animal control officers, humane society officers, and commercial film processors. NOTE: Throughout this section, the professional who reports the child abuse incident will be referred to as “the reporter.” Continued on next page LD 9: Chapter 2 – Reporting Requirements of Suspected Child Abuse 2-3 Reporting Requirements, Continued Related To understand reporting requirements, peace officers need to become familiar terms with the following terms. Child care custodian is an employee who has direct contact and supervision of children including, but not limited to: those working in public and private schools, youth centers, youth recreation programs or organizations, child care facilities, foster homes, group homes, residential care facilities, social workers, probation officers, parole officers, peace officers, including peace officers at schools. (Penal Code Section 11165.7) Health practitioner is a physician, surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, or any other person who is licensed under the Business and Professions Code Division 2. Reasonable suspicion means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a person in a like position, drawing when appropriate on his or her training and experience, to suspect child abuse. (Penal Code Section 11166(a)) Contacting Once a reporter knows or has reasonable suspicion a child is a victim of child child abuse, he or she shall immediately, or as soon as possible, contact a child protective protective agency by telephone. agency A child protective agency means a county welfare department (e.g., Department of Social Services, Department of Child Services, Child Welfare Services), a county probation department, or a police or sheriff’s department. It does not include school district police or a security department. Continued on next page 2-4 LD 9: Chapter 2 – Reporting Requirements of Suspected Child Abuse Reporting Requirements, Continued Conducting the Depending on the relationship of the suspected abuser to the child, different investigation child protective agencies may also conduct a separate investigation of the case. Follow-up A report shall be prepared, written, and sent to the child protective agency reporting within 36 hours of the initial contact. A report shall be sent even if the child has died; even though the suspected abuse may not have been a contributing factor to the death. Reporting In the interest of cross reporting, a county probation or welfare agency shall responsibilities immediately, or as soon as practical, report by telephone suspected incidents of child abuse. It shall contact the: child protective agency having jurisdiction over the case and/or district attorney’s office. Continued on next page LD 9: Chapter 2 – Reporting Requirements of Suspected Child Abuse 2-5 Reporting Requirements, Continued Content When initially reporting a suspected child abuse incident and submitting the of report follow-up written report, the following information shall be included. Further details of the content of the written report will vary with the circumstances. For the telephone report For the written report - Name and age of child Fact-sensitive information including: - Name of the reporter - Location of child - name and age of child, - Nature and extent of injuries - name of the reporter, - Current condition of child - location of child, - Facts which lead to reasonable - nature and extent of injuries, suspicion that abuse has - condition of child when abuse occurred. was reported, - facts which lead to the suspicion of abuse, - relationship to suspected abuser, - nature of suspected abuse (i.e., sexual, physical, etc.), and - history of previous abuse. NOTE: For an example of forms that may be used for taking a report of suspected child abuse, see the Supplement Materials section in this workbook. Penal Failure to report a suspected child abuse is covered in Penal Code Section code 11166(b). section Crime A professional required to report a child abuse who does not report a elements suspected child abuse which they know to exist, or reasonably should know to exist. Continued on next page 2-6 LD 9: Chapter 2 – Reporting Requirements of Suspected Child Abuse Reporting Requirements, Continued Classifications Failure to report suspected child abuse is a misdemeanor. Immunity Penal Code Section 11172 states that anyone who reports a suspected child from abuse incident shall not incur civil or criminal liability for any report required liability or authorized. This means that if a reporter files a report in good faith, he or she cannot be sued or arrested for the report’s contents (even if the contents turn out to be wrong). However, if one knowingly files a false report, he or she can incur civil or criminal liability for damages caused as a result. LD 9: Chapter 2 – Reporting Requirements of Suspected Child Abuse 2-7 Confidentiality for Reporting Party Introduction The general public is often reluctant to get involved in reporting suspected child abuse because of the possible angry reaction of the suspected abuser. To encourage reporting and as a means to protect the reporter from any publicity or from negative attention by the suspected abuser, the identity of the person making the report shall remain confidential. Confidentiality Penal Code Section 11167 ensures that the identity of the person reporting a suspected child abuse incident shall be confidential (this includes the reporter’s employer). Only the following will have access to the reporter’s identity: Child protective agency investigating the case Counsel representing a child protective agency District attorney in a criminal prosecution Licensing agency when abuse in out-of-home care is suspected Others pursuant to a court order Continued on next page 2-8 LD 9: Chapter 2 – Reporting Requirements of Suspected Child Abuse Confidentiality for Reporting Party, Continued Confidentiality Penal Code Section 11167.5 mandates that the reports shall be confidential of reports and may be disclosed only to the following organizations: investigating agency Department of Justice when working with child protective agencies multi-disciplinary personnel persons responsible for licensing of facilities that care for children State Department of Social Services hospital scan teams coroners and medical examiners when conducting a postmortem examination on a child Board of Prison Terms personnel from an agency responsible for making a placement of a child persons identified by the Department of Justice as listed in the Child Abuse Central Index (Penal Code Section 11170(c)) out-of-state law enforcement agencies conducting an investigation of child abuse or neglect persons who have verified with the Department of Justice that they are listed in the Child Abuse Central Index (Penal Code Section 11170(e) each chairperson of a county child death review team Penal Failure to maintain confidentiality is covered in Penal Code Section 11167.5. code section Crime Any violation of the confidentiality of the identity of the reporter and/or the elements report itself shall be considered a misdemeanor. Classification Failure to keep the identity of the reporter confidential is a misdemeanor. LD 9: Chapter 2 – Reporting Requirements of Suspected Child Abuse 2-9 Chapter Synopsis Learning need The California Penal Code mandates that certain professional occupations follow specific requirements for reporting suspected child abuse cases to the proper authority. Failure to do so is a crime. Professional Several professional occupations are required to report suspected child abuse occupations they are listed in Penal Code Section 11166. required to report suspected child abuse [9.02.1] Law Law enforcement agencies have specific requirements for reporting child enforcement abuse which are stated in Penal Code Sections 11166 and 11167. reporting requirements [9.02.2] Investigating When initially reporting a suspected child abuse incident and submitting the report follow-up written report, the following information shall be included. Further documentation details of the content of the written report will vary with the circumstances. [9.02.3] Confidentiality Confidentiality for reporting party is covered under Penal Code Section 11167. for reporting party [9.02.4] Continued on next page 2-10 LD 9: Chapter 2 – Reporting Requirements of Suspected Child Abuse Workbook Learning Activities Introduction To help you review and apply the material covered in this chapter, a selection of learning activities has been included. No answers are provided. However, by referring to the appropriate text, you should be able to prepare a response. Activity 1. A woman looks out of a window when she hears a child scream. She sees questions her male neighbor in his backyard whipping his 7-year-old son on the bottom and back of his legs with a doubled up belt. Is this woman committing a crime if she chooses not to become involved and does not report the crime? If so, is the crime a felony or a misdemeanor? 2. Ten-year-old Lori arrives at school appearing to be annoyed and angry. When her teacher asks her about it, Lori says that her mother spanked her for telling a lie and she wishes her mother wouldn’t do that. No marks are visible, but Lori is wearing pants. Is the teacher required to report this incident to a child protective agency? If you were giving a seminar on child abuse reporting to teachers at this school, what types of additional information would you encourage teachers to try to get from children in these types of situations? Continued on next page LD 9: Chapter 2 – Reporting Requirements of Suspected Child Abuse 2-11 Workbook Learning Activities, Continued Activity 3. A 10-year-old child is being removed from her home because a report of questions suspected child abuse for sexual assault has been filed by her doctor. The (continued) alleged perpetrator is the girl’s father. The child’s mother asks why the officer would even think such a thing. The officer tells her that because of the report recently filed by the doctor. The officer’s supervisor learns about this exchange when the mother calls the police station. What, if any, actions could be taken against the officer and why? 4. Which types of professionals are required by Penal Code Section 11166 to report incidents of suspected child abuse? What do you think these professions have in common that might have led to this requirement? Continued on next page 2-12 LD 9: Chapter 2 – Reporting Requirements of Suspected Child Abuse Workbook Learning Activities, Continued Activity 5. A day care worker filed a report of suspected child abuse when one of the questions children under her care arrived with several prominent bruises on her arms (continued) and legs. When the charge was investigated, it was determined that, as the parents alleged, the youngster had fallen down a steep embankment while playing. The parents suspect that the report came from the day care provider and have informed her that they intend to sue for civil damages. If the day care provider calls the local law enforcement agency, how might the officer answer her concerns? 6. A peace officer enters a home to take a report on a burglary. While there, she notices a toddler wearing only a diaper. It is the middle of winter and the apartment is cold. The toddler’s parents are clad in wool sweaters. As the toddler enters the room, the father abruptly takes him to his bedroom. The officer notices, however, that the toddler has several bruises and what seem to be new welts. What, if any, additional action should the officer take? LD 9: Chapter 2 – Reporting Requirements of Suspected Child Abuse 2-13 Workbook Learning Activities, Continued Student notes 2-14 LD 9: Chapter 2 – Reporting Requirements of Suspected Child Abuse  Chapter 3 Warrantless Entry to Protect Minors Overview Learning need Peace officers have the authority to make a warrantless entry into a home whenever they reasonably believe a minor is in immediate danger of being physically abused, neglected, or sexually exploited. Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will be Objective able to: ID recognize the legal basis for entry without a warrant to 9.03.1 protect a minor. recognize the exigent circumstances that could lead an 9.03.2 officer to reasonably believe that there is an immediate threat to a minor. In this This chapter focuses on the legality of entering and intervening without a chapter warrant. Refer to the following chart for specific topics. Topic See Page Warrant vs. Warrantless Entry 3-2 Chapter Synopsis 3-9 Workbook Learning Activities 3-10 LD 9: Chapter 3 – Warrantless Entry to Protect Minors 3-1 Warrant vs Warrantless Entry Introduction When peace officers receive information that a minor needs to be removed from the premises because the minor is endangered, but not in IMMEDIATE danger, the officers need to obtain a warrant. The warrant allows the officers to legally enter the premises. NOTE: Before peace officers enter, they need to comply with Penal Code Section 1531 (knock and notice). Conditions A peace officer is not permitted inside a residence without: restricting entry a warrant, or exigent circumstances, or valid consent from the occupant. Warrantless Without a warrant or valid consent, peace officers may enter the premises entry ONLY when there are exigent circumstances. A reasonable suspicion that a requirements minor is presently endangered is ONE TYPE of exigent circumstance. Exigent Exigent circumstance means an emergency situation requiring swift action to circumstances prevent: imminent danger to a person’s life or safety, serious damage to property, imminent escape of a suspect, or evidence is about to be destroyed or removed. NOTE: Endangerment can encompass a great variety of meanings for children depending on the circumstances of events (i.e., age, neglect, abuse, abandonment, unsafe environment) Continued on next page 3-2 LD 9: Chapter 3 – Warrantless Entry to Protect Minors Warrant vs Warrantless Entry, Continued Warrantless Peace officers must consider the quality of information relied upon to reach entry the conclusion that there is an exigent circumstance. In People v. Brown (1970) 12 Cal.App.3d 600, the peace officer intervened based upon a reasonable suspicion of sexual abuse upon an incapacitated victim. The Facts The Court Ruling A police detective received an The right of privacy and domestic urgent phone call from a minor security extends no impenetrable male that his severely disabled protective cloak against the prevention sister was being sexually molested, of a felonious assault upon a helpless right then by their father, at their victim. home. The detective, who had been to the home on at least five The victim’s right to physical and occasions and knew the caller mental integrity outweighs the right of personally, then met with him to the aggressor to remain secure in his hear more details before proceeding domestic sanctuary. to the house. In addition, the detective had previously been informed by a probation officer, who was working with the family, about prior acts of sexuality in the household between the father and this same daughter. Based on the totality of the circumstances known to the officer, it was reasonable for him to believe that a helpless female victim was being assaulted. Therefore, it was reasonable for him to enter the house without a warrant or consent to prevent or interrupt a serious felony. Continued on next page LD 9: Chapter 3 – Warrantless Entry to Protect Minors 3-3 Warrant vs Warrantless Entry, Continued Warrantless Peace officers must consider the safety of the juvenile when deciding to enter entry the premises without a warrant. (continued) In re Dawn O. (1976) 58 Cal.App.3d 160, the courts decided the facts reasonably indicated that an unattended child (neglect) constitutes a substantial threat to his or her safety. The details of the case are described below. The Case The Court Ruling The police officer took a 5-year-old The court ruled that, under the child back home at 10:30 pm. The circumstance, it was reasonable to officer knocked on the door but got determine if a child had been left no response. home in a dangerous circumstance. The police officer entered the residence in an attempt to determine whether there was another child alone in the house not for the purpose of securing the residence. Continued on next page 3-4 LD 9: Chapter 3 – Warrantless Entry to Protect Minors Warrant vs Warrantless Entry, Continued Warrantless In People v. Sutton (1976) 65 Cal.App.3d 341, a peace officer had to entry determine whether the child was under the care of a responsible adult (continued) (endangerment of a minor in a private dwelling). The Facts The Court Ruling At 2:00 am., a peace officer The court held that there is no special received reliable information from a or different rule regarding warrantless citizen-informant that two small entries to the purpose of protecting children had been left alone in a infant children. named apartment unit. At the apartment, in which lights and the Rather, the definition of exigencies is TV were on, no one responded to always the same; there must be “an the officer’s repeated knocking. imminent and substantial threat to life, health, or property.” Over 10 minutes later, a female drove up and started to enter the The information known to this peace apartment with a key. The officer officer justified his warrantless entry observed that she was very to prevent or interrupt apparent child- intoxicated, and that there was neglect and/or child-endangerment. considerable trash and dirty clothes strewn about the kitchen area, and a baby bottle in the living room. Concluding that the woman’s condition made her unable to care for small children, the peace officer entered the apartment and found two infants, 6 and 16 months old, alone in the bedroom. Continued on next page LD 9: Chapter 3 – Warrantless Entry to Protect Minors 3-5 Warrant vs Warrantless Entry, Continued Warrantless In People v. Payne (1977) 65 Cal.App.3d 679, the court ruled that the entry officers’ warrantless entry into a private dwelling was justified by exigent (continued) circumstances, which included prior reliable information about the suspect. The Facts The Court Ruling Following reports from a reliable The court ruled that police officers, in informant that the defendant forcing open a door in the defendant’s molested children in a bedroom in bedroom, acted lawfully under the his garage, police set up doctrine of exigent circumstances. surveillance in which the Therefore, they did not violate the defendant was seen picking up a defendant’s right to privacy or domestic male juvenile and driving him to security. the garage. The peace officers repeatedly knocked and announced they were conducting a child molestation investigation. When the defendant did not respond, the peace officers reasonably believed, despite the absence of any call for help by the juvenile, that an emergency situation had arisen in which a particularly heinous crime was being committed. Continued on next page 3-6 LD 9: Chapter 3 – Warrantless Entry to Protect Minors Warrant vs Warrantless Entry, Continued Warrantless In People v. Miller (1999) 69 Cal.App.4th 190, the peace officer made a entry warrantless entry into a home to determine if a 2-year-old wandering in the (continued) neighborhood could be safely reunited with his parents and siblings. The Case The Court Ruling A 2-year-old boy was found The father moved to suppress evidence wandering in a neighborhood. located in the house that was found by the peace officer because he believed A couple took custody of the boy the warrantless search was illegal. and was also told by another woman that she had seen the boy The court ruled that the exigency was wandering on a previous occasion. clear. It was proper for the peace officer to enter the residence “to A peace officer responded to the determine if the parents and siblings boy’s home and found the front were home, if th