In re K.C.

Filed 1/23/23 CERTIFIED FOR PARTIAL PUBLICATION *

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re K.C., a Person Coming 2d Crim. No. B319819 Under the Juvenile Court Law. (Super. Ct. No. PJ53869) (Los Angeles County)

THE PEOPLE,

Plaintiff and Respondent,

v.

K.C.,

Defendant and Appellant.

A juvenile court order imposes a condition of probation prohibiting unconsented sexual touching of another person. We conclude the probation condition is not unconstitutionally vague. Minor K.C. appeals the order imposing this condition of probation. We affirm. [[We also order correction of the

*Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for partial publication. The portions of this opinion to be deleted from publication are identified as those portions between double brackets, e.g., [[/]].

disposition minute order to conform to the oral pronouncement of judgment.]] FACTUAL AND PROCEDURAL HISTORY On February 11, 2021, the Los Angeles District Attorney filed a petition charging 17-year-old K.C. with felony forcible rape of a child under the age of 14 years, and felony forcible sexual penetration of a child under the age of 14 years. (Pen. Code, §§ 261, subd. (a)(2), 289, subd. (a)(1)(B); Welf. & Inst. Code, § 602.) At the adjudication hearing, 13-year-old N.M. testified that she and her siblings visited their cousin K.C. and his siblings during the weekend of May 11, 2020. Following viewing of several movies, the minors went to bed. N.M. was sharing her female cousin’s room when K.C. entered the room and asked the girls if they wanted to go to the kitchen and have a snack. N.M. agreed but her cousin declined. N.M. entered a walk-in pantry in the kitchen followed by K.C. He blocked the entrance, grabbed N.M. by her waist, and tried to kiss her. She resisted and asked to return to her female cousin’s bedroom. K.C. responded “Oh, just wait.” K.C. then reached inside N.M.’s pants and placed his fingers inside her vagina. She continued to state that she wanted to return to the bedroom but K.C. ignored her. K.C. then pulled down her pants as well as his. He guided N.M.’s hand to his penis and then placed his penis in her vagina “for a few seconds.” Afterwards, K.C. moved away from the doorway and N.M. ran upstairs to the bedroom. Approximately one week later, N.M. informed her family about the sexual assault. Following an adjudication hearing, the juvenile court found the felony allegations of the petition true, sustained the petition,