What is the test for determining whether a defendant has been convicted of a sexual assault under the California Penal Code?

California, United States of America


The following excerpt is from People v. West, 226 Cal.App.3d 892, 277 Cal.Rptr. 237 (Cal. App. 1991):

Finally, we note we would reach the same result even if we were to find the People's position offers a second reasonable interpretation of the statute. "[W]hen the statutory language in the Penal Code is reasonably susceptible of two constructions, courts are required to adopt that construction which is more favorable to the offender. [Citation.] ' "The defendant is entitled to the benefit of any reasonable doubt, whether it arise out of a question of fact, or as to the true interpretation of words or the construction of language used in a statute." ' [Citation.]" (People v. Jones (1984) 155 Cal.App.3d 153, 187, 202 Cal.Rptr. 162; see also Hale v. Morgan (1978) 22 Cal.3d 388, 405, 149 Cal.Rptr. 375, 584 P.2d 512.)

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