People v. Superior Court (Maldonado)

In People v. Superior Court (Maldonado) (2007) 157 Cal.App.4th 694, an early police report did not describe substantial sexual conduct. In part the court held: "We read section 803, subdivision (f) as providing that when a report of sexual abuse occurs that involves substantial sexual conduct, the period of limitations is one year from that report, so long as other requirements are met. The statute does not state that when there is a report of sexual conduct not involving substantial sexual conduct, the period of limitations begins to run as to unreported sexual abuse involving substantial sexual conduct.If there is no prosecution within the applicable period of limitations after a report of unlawful sexual abuse not involving substantial sexual conduct, such a prosecution will be barred. Such a bar would not under section 803, subdivision (f), however, apply to the prosecution of a sexual abuse crime involving substantial sexual conduct reported later. This later report would activate the one-year period of limitations. For statute of limitations purposes, the later report is separate from and different than the earlier report." (Maldonado, at p. 702.)