Health Care & Hospital Law,
Government
Apr. 12, 2022
Proposition 83 (Jessica’s Law): Is possession of child pornography still a wobbler (a possible misdemeanor)?
What we have, then, is a conflicted opinion about an anomalous statute. In re H.N. first finds § 311.11(a) to be a wobbler and then identifies rationales which arguably might limit this finding to juvenile cases. In this way, the Court of Appeal may have created even more uncertainty rather than providing any clarity.
Let’s start at the beginning. California Penal Code § 15 defines crimes and public offenses as: act[s]committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments: Death; imprisonment; fine; removal from office; or, disqualification to hold and enjoy any office of honor, trust or profit in this state.
Sec. 16 then divides crimes and public offenses int...
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