Volunteer Pastor Is "Professional" Under California Sex Abuse Law

In People v. Bautista, (CA Ct. App., June 3, 2008), a California appellate court held that a lay pastor could be convicted under a California Penal Code Sec. 289(d) that outlaws sexual penetration of a victim who was not aware of the essential characteristics of the act because of the perpetrator's fraudulent representation that the sexual penetration served a professional purpose. The court rejected the defense that the only individuals who fall under the "professional purpose" language are those in occupations that are licensed and certified by the state. The court held that the law can also cover members of the clergy-- including unlicensed and unpaid pastors. The court also found no free exercise violation in the trial court's admission of certain evidence regarding tenets of defendant's church, including his religious authority and the concern with the appropriate behavior of teenage churchgoers.