People v. Langdon

Opinion

GILBERT, J.

Sterility is not a defense to the crime of unlawful sexual intercourse. (Pen. Code, § 261.5.)

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Defendant Langdon agreed that the issue of his guilt of the offenses, unlawful sexual intercourse (§ 261.5), and oral copulation (§ 288a, subd. (b)(1)), could be submitted to the trial court on the preliminary hearing transcript and a stipulation that because of a vasectomy Langdon’s semen had a zero sperm count.

Facts

Langdon hired the victim to work in his hotel when she was 10 years old. Over the next seven years, she worked in a variety of capacities—as a maid, busgirl, hostess, waitress and cook. When she was 15 Langdon, and several friends of his, spent the weekend with her at the hotel. After giving her drugs to make her drowsy, Langdon had sexual intercourse with her throughout the weekend.

Langdon had sex with her on other occasions over the next two years. In particular, the victim testified to the specifically charged incidents of sexual intercourse and oral copulation occurring in August and September of 1984.

[1421]

The court found Langdon guilty of both counts.

Discussion

Langdon contends that because he is physiologically incapable of impregnating a female, because of his vasectomy, he cannot be convicted of the charge of unlawful sexual intercourse.

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Langdon relies on

Michael M.

v.

Superior Court

(1979) 25 Cal.3d 608 [159 Cal.Rptr. 340, 601 P.2d 572], affirmed at 450 U.S. 464 [67 L.Ed.2d 437, 101 S.Ct. 1200], to support this contention. In

Michael M.,