P. v. Ortega CA6
Defendant Jesus Ortega was convicted by a jury of communicating with a minor with the intent to commit a sexual offense (Pen. Code, § 288.3, subd. (a)), attempting to meet with a minor for a lewd purpose (§§ 288.4, subd. (b), 664), sending harmful matter to a minor (§ 288.2, subd. (a)(2)), arranging to meet with a minor for a lewd purpose (§ 288.4, subd. (a)(1)), and annoying or molesting a minor (§ 647.6, subd. (a)(1)). The court imposed a four-year prison term.
On appeal, defendant contends that (1) there was insufficient evidence that the photograph of an erect penis that he sent to Jane Doe’s e-mail address was “harmful matter” within the meaning of section 288.2 or that the photo was sent with the requisite intents, (2) the trial court prejudicially erred in refusing to modify the standard instruction for three of the counts that the conduct must be “motivated by an unnatural and abnormal sexual interest in children” to add “caused by and” before “motivated
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