California, United States of America
The following excerpt is from People v. Campos, H038965 (Cal. App. 2014):
When the victim's age is an element of the crime for which a defendant is convicted, a trial court may still find that a victim is "particularly vulnerable because of other factors" including "extreme youth within the given age range" to support a lengthier sentence and, by extension to the probation context, denial of probation. (See People v. Garcia (1985) 166 Cal.App.3d 1056, 1069-1070.) Here, section 288, subdivision (a) prohibits lewd or lascivious contact with anyone up to 14 years of age. ( 288, subd. (a).) Because K.M. was five years old when the contact with defendant occurred, she was young within that broad age range.
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