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eBook details

• Title: People V. Hurtado
• Author : In the Supreme Court of California
• Release Date : January 22, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Resolving a question we left open in People v. Torres (2001) 25 Cal.4th 680, 686, footnote 2, we hold that before a defendant can be committed or recommitted under the Sexually Violent Predators Act (Welf. & Inst. Code, § 6600 et seq. (SVPA)), *fn1 the trier of fact must find, beyond a reasonable doubt, that the defendant is likely to commit sexually violent predatory behavior upon release. Thus, the judge or jury trying the case must determine not only whether the defendant is likely to "engage in sexually violent criminal behavior" (§ 6600, subd. (a)), but also whether that behavior is likely to be directed "toward a stranger, a person of casual acquaintance with whom no substantial relationship exists, or an individual with whom a relationship has been established or promoted for the primary purpose of victimization." (§ 6600, subd. (e).)

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