In re Dallas W

In In re Dallas W. (2000) 85 Cal. App. 4th 937, Division One of the Court of Appeal, Second Appellate District, held a 16-year-old defendant who mooned oncoming traffic did not violate section 314 because he did not do so to "sexually affront" others. (Dallas, at pp. 939-940.) In that case, the juvenile court specifically found the defendant "acted only to annoy and affront people and not with 'sexual intent in the sense that he intended to arouse himself or a third person by his act,' " and sustained the petition making him a ward of the court. ( Id. at p. 939.) The Court of Appeal reversed the juvenile court's order. It explained that under In re Smith, supra, 7 Cal. 3d 362, the word "sexual" modifies "arousal," "gratification," and also "affront," and thus CALJIC No. 16.220, apparently relied upon by the juvenile court, was an incorrect statement of the law. (Dallas, at p. 939.)