People v. Lamport

[718]

Opinion

WORK, J.

Peter Garland Lamport appeals an order extending his commitment as a mentally disordered sex offender (MDSO) after a court trial, contending the evidence was insufficient to sustain the court’s finding his predisposition to commit sexual offenses against minor males presents a substantial degree of bodily harm to others. We find the physical sexual contacts involved in Lamport’s pedophilic behavior constitute bodily harm within the meaning of former Welfare and Institutions Code

1

section 6316.2. We affirm the order.

I

Lamport’s MDSO commitment may only be extended if he has a mental disease, defect or disorder predisposing him to commit sexual offenses

and

presents a

substantial danger of bodily harm to others

(former § 6316.2).

2

Lamport concedes there is ample evidence he suffers from a mental disorder, pedophilia, which predisposes him to engage in sexual conduct with minor males, and that he is likely to continue to engage in the type of sexual contact with minors which led to his original commitment in 1979. However, he contends that type of conduct, nonviolent oral copulation and masturbation, is not shown to involve bodily harm to others and as a result there is no showing he is a substantial danger to inflict such bodily harm if he reoffends.

The court considered a report prepared by Drs. Hansen and Baldwin, a letter dated July 28, 1983, and another dated October 4, 1983.

3

Dr. Hansen stated he first examined Lamport in 1982 and determined a two-year extension of his basic three-year commitment to Patton State Hospital should be granted. In evaluating Lamport for a second two-year commitment on February 7, 1984, he found Lamport was in touch with reality but still suffered from pedophilia causing him to have sexual drives toward minor males. Lamport admitted to Dr. Hansen he still had sexual fantasies regarding children.