People v. Imler

Opinion

GILBERT, J.

Here we hold that one can commit the crime of attempted child molestation by speaking to the victim over the telephone.

Defendant Steven Imler pled guilty to numerous counts of making threats over the telephone to commit crimes that would result in death or great bodily injury to another. (Pen. Code, § 422.) His appeal concerns only one count concerning his conviction of attempting to commit a lewd act upon a child. (Pen. Code, §§ 664/288, subd. (a).) He contends the evidence is insufficient to establish the crime of attempt.

We disagree and affirm the conviction.

[1180]

Facts

Imler telephoned numerous Ventura County residences which were listed in the telephone book under the names of both spouses. Upon reaching the wife or child, he stated that he was holding the husband or father at gunpoint. For those persons he called who did not hang up, he ordered them to remove their clothing and masturbate. He threatened some of the women that “his men” or “his boys” were watching the house and would rape or kill her or her children if she did not comply. Following an investigation, Imler admitted placing the calls and said he was venting stress.

He pled guilty to nine counts of making threats over the telephone. He went to trial on a count which charged him with attempted lewd conduct on a child under the age of 14 years. Imler waived a jury trial and submitted that count upon the police report, a tape recording of a telephone call to a different victim, a memorandum and testimony from a district attorney’s investigator, and trial briefs submitted by the parties.

One morning at 7:45 a.m., 12-year-old Jason J. answered the telephone. The caller was Imler. In response to Imler’s questions, Jason J. replied that his mother was away and his father was not home. Imler replied that “that’s because I have him hostage.” Imler demanded $5,000 by the next day, if Jason J. wanted to see his father again. Imler asked Jason what he was wearing, then ordered him to disrobe and touch his penis. Jason J. did not do so, although Imler repeatedly told him to touch himself. Jason J. told Imler he had complied then Imler hung up.