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  1. #1

    Default Teacher in the East Bay Prosecuted Over 10 Years Later

    My question involves criminal law for the state of: California.
    .
    This tragic case has been all over the news. https://abc7news.com/east-bay-teache...dents/5830745/

    The charges were made more than ten years later. Could the charges be made 30 years later? 40? 50? At any time? Where the minimum and maximum times from the offense to press charges spelled out in the California state laws?

  2. #2
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    Default Re: Teacher in the East Bay Prosecuted Over 10 Years Later

    Quote Quoting CaliforniaDriver
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    My question involves criminal law for the state of: California.
    .
    This tragic case has been all over the news. https://abc7news.com/east-bay-teache...dents/5830745/

    The charges were made more than ten years later. Could the charges be made 30 years later? 40? 50? At any time? Where the minimum and maximum times from the offense to press charges spelled out in the California state laws?
    It appears that CA has no statute of limitations for a criminal case of this nature, only for a civil case (civil is 10 years). Therefore yes, some could be charged at any time.

  3. #3
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    Default Re: Teacher in the East Bay Prosecuted Over 10 Years Later

    Your title is technically right but it is more than 20 years. Crimes have different statutes of limitations as spelled out in the various legal codes. These are sometimes changed to adjust to social pressure and changing times as the severity of crimes can change in the public eye. Some crimes are considered so heinous that they have no statute of limitation.

  4. #4
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    Default Re: Teacher in the East Bay Prosecuted Over 10 Years Later

    Quote Quoting CaliforniaDriver
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    My question involves criminal law for the state of: California.
    .
    This tragic case has been all over the news. https://abc7news.com/east-bay-teache...dents/5830745/

    The charges were made more than ten years later. Could the charges be made 30 years later? 40? 50? At any time? Where the minimum and maximum times from the offense to press charges spelled out in the California state laws?
    In 2018 new law was passed that (effective January 1st, 2019) would permit prosecution of child sex offenses up until the victim's 40th birthday (PC 801.1). So, no, criminal charges could not be made at "any time," but would have to be initiated by the victim's 40th birthday. So, maybe up to 39 years?

    The problem in cases like this is the paucity of evidence. Absent a confession (which, they might have - a pretext phone call by a victim to the offender can be helpful) these cases tend to flounder. If the defendant keeps her mouth shut, the state is going to have a tough time making their case.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
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    Default Re: Teacher in the East Bay Prosecuted Over 10 Years Later

    Quote Quoting cdwjava
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    In 2018 new law was passed that (effective January 1st, 2019) would permit prosecution of child sex offenses up until the victim's 40th birthday (PC 801.1). So, no, criminal charges could not be made at "any time," but would have to be initiated by the victim's 40th birthday. So, maybe up to 39 years?

    The problem in cases like this is the paucity of evidence. Absent a confession (which, they might have - a pretext phone call by a victim to the offender can be helpful) these cases tend to flounder. If the defendant keeps her mouth shut, the state is going to have a tough time making their case.
    Yeah but her career is likely over, even if she is found innocent.

  6. #6
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    Default Re: Teacher in the East Bay Prosecuted Over 10 Years Later

    Quote Quoting llworking
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    Yeah but her career is likely over, even if she is found innocent.
    Maybe (though it'd be "not guilty" as opposed to "innocent"). However, depending upon the facts that are presented, given the strength of the teachers unions here, provided she does not admit to some sort of unlawful or inappropriate conduct that violates the law or policy, the district may have no choice but to keep her on if she is acquitted. It is obscenely difficult to fire a teacher in CA - and there are very few criminal statutes that will prohibit one from employment as a teacher (though child molestation and related offenses are among them).

    I have to think that they have something more than 20 year old complaints. They would have been fools to move forward on a case so old absent something. Hence, my thought that they have a pretext call or some other admission in writing or recorded. 20+ year old victim statements and statements from people the victims may have told about it is weak - likely too weak to try and move forward.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  7. #7

    Default Re: Teacher in the East Bay Prosecuted Over 10 Years Later

    Thanks. Where does one find the limit law effective 1/1/19? Can you share a URL?


    Quote Quoting cdwjava
    View Post
    In 2018 new law was passed that (effective January 1st, 2019) would permit prosecution of child sex offenses up until the victim's 40th birthday (PC 801.1). So, no, criminal charges could not be made at "any time," but would have to be initiated by the victim's 40th birthday. So, maybe up to 39 years?

    The problem in cases like this is the paucity of evidence. Absent a confession (which, they might have - a pretext phone call by a victim to the offender can be helpful) these cases tend to flounder. If the defendant keeps her mouth shut, the state is going to have a tough time making their case.

  8. #8
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    Default Re: Teacher in the East Bay Prosecuted Over 10 Years Later

    Quote Quoting CaliforniaDriver
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    Thanks. Where does one find the limit law effective 1/1/19? Can you share a URL?
    If you google the code section he included, PC 801.1, you will find what you are looking for.

  9. #9
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    Default Re: Teacher in the East Bay Prosecuted Over 10 Years Later


  10. #10

    Default Re: Teacher in the East Bay Prosecuted Over 10 Years Later

    Thank you. Those words are so complex. So even if she or anyone only touched a breast or rear or anywhere said to be sexual, then it can be charged and persecuted until the victims 40th birthday?

    Quote Quoting llworking
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    It appears that CA has no statute of limitations for a criminal case of this nature, only for a civil case (civil is 10 years). Therefore yes, some could be charged at any time.
    Where did you find it can be charged at anytime? See message #4 by cdwjava below.

    Where did you find that a civil case is limited to ten years if the victim is under 18? Or did you mean 10 years limitation only if the subject is over 18?

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