7 Cal. App. 5th 41
Cal. Ct. App.2016Background
- Plaintiff Tony Taitano San Nicolas pleaded guilty in Washington to "communicating with a minor for immoral purposes" (RCW 9.68A.090).
- California Attorney General determined the Washington conviction required sex-offender registration under Penal Code § 290.005(a) and placed San Nicolas in California's tracking program.
- San Nicolas petitioned for a writ of mandate seeking removal, arguing the Washington offense did not meet the elements of any California registrable offense under the least adjudicated elements test.
- The superior court denied the petition, finding the Washington conviction met the least adjudicated elements of California Penal Code § 288.3(a) (contact/communication with intent to commit enumerated sexual offenses) and § 647.6(a)(1) (annoying or molesting a child under 18).
- The Court of Appeal affirmed, concluding the elements (as adjudicated in this case) matched the elements required for registration under §§ 288.3(a) and 647.6(a)(1).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a Washington conviction under RCW 9.68A.090 requires registration in CA under § 290.005(a) using the least adjudicated elements test | San Nicolas: RCW 9.68A.090 is broader/ different and lacks elements (e.g., knowledge of victim's age; specific enumerated offenses; abnormal sexual motivation) required by California statutes, so it does not satisfy least adjudicated elements | AG: The statutory elements of RCW 9.68A.090, as adjudicated here, correspond to the elements of CA §§ 288.3(a) and 647.6(a)(1); plea forfeited certain defenses (e.g., reasonable attempt to ascertain age) so knowledge is effectively adjudicated | Court: Affirmed — RCW 9.68A.090's least adjudicated elements (including constructive knowledge of minor due to plea) satisfy §§ 288.3(a) and 647.6(a)(1) |
Key Cases Cited
- In re Rodden, 186 Cal.App.4th 24 (2010) (describing and applying the least adjudicated elements test)
- People v. Knoller, 41 Cal.4th 139 (2007) (opinions are confined to facts and issues before the court)
- State v. McNallie, 120 Wn.2d 925 (1993) (RCW 9.68A.090 prohibits communication with children to promote exposure to sexual misconduct)
- State v. Jackman, 156 Wn.2d 736 (2006) (RCW 9.68A.090 covers a broad range of sexual conduct involving a minor)
- Crofoot v. Harris, 239 Cal.App.4th 1125 (2015) (discussed but not relied on because analysis was unpublished and facts differed)