What is the test for grossly disproportionate sentences for sex crimes against children?

(1983) 463 U.S. 277, 288.) Successful grossly disproportionate challenges are " 'exceedingly rare' " and appear only in an " 'extreme' " case. (Lockyer v. Andrade (2003) 538 U.S. 63, 73.) We are not convinced that this is such a case.

"Viewed along a spectrum, we may find murder, mayhem and torture among the most grave of offenses and petty theft among the least. Considered in this context, lewd conduct on a child may not be the most grave of all offenses, but its seriousness is considerable. It may have lifelong consequences to the well-being of the child." (People v. Christensen (2014) 229 Cal.App.4th 781, 806.)

Reyes broke into a home in the middle of the night and committed sex crimes against a young child, one of society's most vulnerable victims, while the child slept in her own bed. (Cf. Ashcroft v. Free Speech Coalition (2002) 535 U.S. 234, 244 ["sexual abuse of a child is a most serious crime and an act repugnant to the moral instincts of a decent people"].) Based on the nature of the offense, we conclude that the sentence imposed is not grossly disproportionate to the crime and is therefore not the exceedingly rare and extreme case that violates the federal constitution.