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People v. Santos
California Court of Appeal
2011 WL 1816946 (2011)
Deonte Santos (defendant) used an interstate facility to induce a child under the age of 14 to engage in commercial sexual conduct. Santos was charged and convicted in federal court for (1) using the means of interstate transport to entice a minor into sexual conduct or prostitution; and (2) sex trafficking. Santos was then subsequently charged by the State of California (plaintiff), based on the same conduct as the federal convictions, for (a) lewd conduct with a child under the age of 14; and (b) procuring a child to engage in a lewd act. Unlike the federal convictions, under California law, the state prosecutors did not have to prove that Santos procured the child for a commercial sex act, only for a lewd act, nor did the California prosecutors have to prove that Santos’s inducement of the child implicated interstate commerce. Santos moved to dismiss California’s charges, arguing that California’s charges violated the Double Jeopardy Clause because California’s charges were based on the same conduct for which Santos was already convicted under federal law. The trial court denied Santos’s motion, and Santos was convicted under California law. Santos appealed.
Rule of Law
Holding and Reasoning (Nicholson, J.)
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