People v. Ansaldo

In People v. Ansaldo (1998) 60 Cal.App.4th 1190 the defendant was convicted of attempting to commit lewd and lascivious acts on a minor. The defendant targeted three victims, all young girls. As to one of the victims, appellant brought her to his house telling her she could do paperwork for him and that he would pay her $ 5 per hour. ( Id. at p. 1192.) When they arrived at the house, appellant told the child that he had a business taking nude photographs of children her age and asked her how badly she wanted to earn $ 5 an hour. He also told her that he had previously been arrested, that he could pick locks and that he could cut someone's throat. (Ibid.) He asked her if she did drugs and offered to give her some, but she declined. ( Id. at p. 1193.) He then asked her if she would engage in sexual acts with him indicating that he would pay her if she would. (Ibid.) Apparently, the victim interpreted his request to be for sex at a future time. The appellate court found the evidence sufficient to constitute an attempt to molest the victim. The court explained that his attempt to have her take drugs, his frightening comment to her and his offer of money for sex went beyond mere preparation, and the jury was free to infer that, had she agreed to the request, he would have proceeded with the crime at that moment. ( Id. at p. 1197.)