STANISLAUS COUNTY SUPERIOR STATE OF CALIFORNIA

COURT
:,
i,
, , ,! .,~

THE PEOPLE OF THE STATE OF CALIFORNIA,

vs.

I .J .

I'

I' t

j.....

j."

r ~,~'-.. ;i
I -"

.J'-.-

,_.

MARK
(DOB:

EDWARD MESITI
12

.. ,~-.~.~-~

........

,--.--:-

!7 /6

7)

FIRST AMENDED DEFENDANT(S)

";

COMPlAINT

M~

CRIMINAL

No.

1403298

CPD 06-5723

State of Calilornia ) County of Stanislaus ) ss.

On

.Iurie

3,

alleges, upon information and belief, that said defendant did commit following crime(s) in the County of Stanislaus} State of California.

zrn

i,

A.

REES,

DISTRICT

.~TTORNEY' S

OFFICE,

cornplains

and

the

COUNT 1: On or about August 16, 2006, defendant did COITL."nit a felony, MURDER, viola t ion of ;3ection 187 (a) 0 f the Cal i to rnia Penal Code in that the defendant did wiLl f u Ll y , unlawfully, and f eLon i ousLy and with malic::e aforethought murder ALYCIA M., a human bel.ng.
I

SPECIAL

defendant

CIRCUMSTANCES: [PC §190. 2 (a) (17) was engaged in, cr attempting

1 The murder
to

was commi t t.e d while the commit, the following f e l.. onies:

(C) Rape in violat~on

of Section of

261;

(D) Sodomy in violation (F) Oral copulation

Section 286; of Section 288a; and of Section 289.

in violation

(K) Rape by instrument

COUNT 2:

in violation

On or about and bet.we en July 2, 2005 and November 7, 2005, defendant did commit a felony! LEWD ACT UPON A CHILD, a violation of Section 288(a) of the California Penal Code, in that the defendant did willfully, unlawfully, feloniously, and lewdly commit a lewd and lascivious act upon and with the body and certain parts and members thereof of ALYCIA M., a child under the age of fourteen years, with the intent of arousing, appealing to, and gratifying the lust, passions, and sexual desires of the said defendant and the said child.

ENHANCEMENT:

It is further alleged pursuant to Penal Code Section 667.61, that defendant administered a controlled substance to the victim in the commission of the present offense, within the meaning of 667.61 (e) (7) .
On or about February
FOREIGN

COUNT 3:
SEXUAL

21,

2006,

defendant
WITH VICTIM

did

corrunit
THE

felony,

t'ENETRATION

BY A

OB.}ECT

ONDER

INFLUENCE,

violation of Section 289 re) of the California Penal Code, in that the defendant did willfully, unlawfully, and feloniously cause the sexual penetration of ALYCIAM. for the purpose of sexual arousal, gratification, or abuse by a penis or any foreign object, substance, instrument or device, to wit, white cylinderJ and the victim was prevented from resisting by the influence of an intoxicatinq or anesthetic substance or controlled substance

COUNT 4: On or about February SEXUAL PENETRATION BY A FOREIGN

21, 2006, defendant

OBJECT WITH VICTIM

did comrni t a felony,

UNDER

violat ion of Section 289 (e) of the California Penal defendant did willfully, unlawfully! and feloniously cause the sexual penetration of ALYCIA M. for the purpose of sexual arousal, gratification, or abuse by a penis or any foreign object, substance instrument or device, to wit, blue cylinder, and the victim was prevented from resisting by the influence of an intoxicating or anesthetic substance or controlled substance administered by or with the knowledge of the defendant.
l

THE INFLUENCE, Code, in that the

COUNT

5:

On or

abo c t
BY

Fe o rua r y
A fOREIGN

21,

SEXUAL

PENETRATION

violation of Section 289 (8) of defendant did willfully, unlawfully, and feloniously cause the sexual penetration of ALYCIA M. for the purpose of sexual a r ou s a L, gratification, or abuse by a penis Or any foreign obJect, substance, instrument or device, to wit, finger, and the viCl:.im was prevented f r om r e s i.s t i.nq by the influence of an intoxicating or anesthetic substance or controlled substance administered by or with the knowledge of the defendant.
COtmT SEXUAl, 6:

2006, defendant d i d cormru t a felony, Oac"iECT WITH VICTIN UNDE? THE IN E'LUE:NCE.: , the California Penal Code, in that the

On or of

about
BY

PENETRATION

February
A

fOREIGN

21, 2006, defendant

OBL.J2CT WITH VICTIM

did comm i.t. a felony,

ONDER THE

INFLUr:NCE,

289{e) or ~he California Penal Code, in that t.he did willfully, unlawfully, and felonlously cause the sexual penetration of ALYCIA M. for t.he purpose 0 f se xuaI arousal, grat I t i ca t i.on 0 r , abuse by a penis or any foreign object, substance, instrument or device, to w~t, green pen, and the victim was prevented from resisting by the influence of an intoxicating or anesthetic substance or controlled substance administered by or with the knowledge of the defendant.
COUNT SEXUAL

violation defendant

Section

On or about Februa ry 21, 2006 r de fendant did commit a felony, PENETRATION BY A FOREIGN OBJECT WITH VICTIM UNDER THE INFLUENCEr violation of Section 289 (e) of the California Penal Code, in that the defendant did willfully, unlawfully, and feloniously cause the sexual penetration of ALYCIAM. for the purpose of sexual arousal, gratification, or abuse by a penis or any foreign object, substance, instrument or device, to wit, pink pen, and the victim was prevented from resisting by the influence of an i~toxicating or anesthetic substance or controlled substance administered by or with the knowledge of the defendant.
7:

COUNT 8:

On or about March 17, 2006, defendant did commit a felony, LEWD ACT UPON A CHILD 14 OR 15 YEARS OF AGE, violation of Section 288{c) (1) of the California 2enal Code, in t ha t the defendant did willfully, un l awf u l Ly , feloniously, and lewdly commit a lewd and lascivious act upon and with the body and certain parts and members thereof of ALYCIA M., a child 14 or 15 years and defendant being at least ten years older than the child, with the intent of arousing, appealing to and gratifying the lust, passions and sexual desires of the said defendant or of the said child, to wit, "New Folder".

COUNT 9: On or about March 17/ 2006, defendant did commit a felony, SODOMY, violation of Section 286 (tl of the California Penal Code, in that the defendant did willfully, unlawfully, and feloniously participate in an act of sodomy~ and the victim was at the time unconscious of the nature of the act, which was known, or reasonably should have been known, to the defendant at the time.

because
COUNT

"U~1conscio'Js of the nature the victim: (1) Was unconscious or asleep.

10:

of

the

a c t."

means

incapable

of

resisting

defendant
violation defendar.t

of Sectlon 288 (cl (1) of the California ?enal Code, in that the did willfully, unlawfully, feloniously, and lewdly comm i t; a I ewd and La s c i v i ou s act upon. and 1t~ith the body and certain parts and members thereof of ALYC!A M. a child 14 or 15 years and defendant being at least ten
I

On or about and be t ween March 10, 2006 and March 20, 2006, did comw,it a felony, LEWD ACT u?ON A CHILD 14 OR 15 YEARS OF AG8,

older than the child, with the intent of gratifying the lust, passions and sexual desires the said child, to wit, "drvl".
COUNT lIOn COPUL.l1:ION

years

arousing, appealing to and of the said defendant or of

di d commit a felony, ORAL a violation of Section defendant dld unlawfully

or about Ma:cch 24, 2006, defenda:r..t

BY ANESTHE,SIA OR

CONTPOLLED

SUBSTANCE,

of the Californla Penal Code, in that the an act of oral copulation upon ALYCtA M" wh o was prevented from resisting by an intoxicating, anesthetic and controlled substance and this condition was known, and reasonably should have been known by the defendant, to wi t, "fm".
288a{il cormr.i t

COUNT 12~ On or about March 28, 2006, defendant did commit a felony, LEWD ACT UPON A CHILD 11 OR 15 YEARS 01" AGE, violation of Section 288 (cl (1) of the California Penal Code, in that the defendant did willfully, unlawfully, feloniously, and lewdly commit a lewd and lascivious act upon and with the body and certain parts and members thereof of ALYCIA M.t a child 14 or 15 years and defendant being at least ten years older than the child, with the intent of arousing, appealing to and gratifying the lust, passions and sexual desires of the said defendant or of the said child, to w~t, "DD2n. COUNT 13: On or about March 28, 2006, defendant did commit a felony, ORAL COPULATION BY ANESTHESIA OR CONTROLLEDSUBSTANCE, a violation of Section 288a!i} of the California Penal Code, in that the defendant did unlawfully corrunitan act of oral copulation upon ALYCIA M., who was prevented from resisting by an intoxicating, anesthetic and controlled substance and this condition was known, and reasonably should have been known by the defendant, to wi. t t "moul rr •
COUNT 14~ On or about March 29, 2006, defendant did co~nit a felony, LEWD ACT UPON A CHILD 14 OR 15 YEARS or AGE, violation of Section 288Jc) (1) of the California Penal Code, in that the defendant did willfully, unlawfully, feloniously, and lewdly commit a lewd and lascivious act upon and with the body and certain parts and members thereof of ALYCIA M., a child 14 or 15 years and defendant being at least ten years older than the child, with the intent of arousing, appealing to and gratifying the lust, passions and sexual
-l __ ""_~~ ~~

"_h~

~~~--l

c-l~+'~~..l~~+-

~~

~+

+-h~

~-,~.-l

~h~lrl

~~

~.~4-

"1\'~_~fr

COUNT

COPULATION

did commit a felony, ORAL a violation of Section 288a{il of the California Penal Code, in that the defendant did unlawfully commi t an act of oral copulation upon ALYCIA M. r who was prevented from resisting by an intoxicatiog, anesthetic and controlled substance and this condition was known, and reasonably should have been known by the defendant, to wit, "AF_3rd".
BY ANESTHESIA OR CONTROLLED SUBSTANCE, COUNT 16:

15:

On or about April

4, 2006,

defendant

On or about [~pril 4, 2006, defendant did commit a felony, SODOt1Y BY AN INTOXICANT, violation of Section 286(i) of the California Penal Code, in that the defendant did wilJ.fully, unlawfully, and feloniously, participate in an act o f sodomy Where the v i ct i m, ALYCIA M. { was prevented from resisting by an intoxicant or anesthetic substance or any controlled substance and this condition waS known Or should have been known by the accused at the time the offense was committed.
COUNT

17~ On or- about April 4,2006, defendant did comm i t a felony, RAPE OR SO DOt-'IY , violation of Section 289 tel of the California Penal Code, in that the defendant did willfully, unlawfully, and feloniously cause the sexual penetration. of ALYCIA M. for the purpose oE sexual arousal gratification, or abuse by a penis or any foreign object, substance, instrument or device, and the victim was prevented from resisting by the influence of an intoxicating or anesthetic substance or controlled substance administered by or with the knowledge of the defendant.
I

COUNT 18: On UPON A CHILD

defendant did commit a felony, LEWD ACT violation of Section 288 (c) (1) of the California defendant did willfully, unlawfully, feloniouslYI and lewdly commit a lewd and lascivious act upon and with the body and certain parts and members thereof of ALYCIA M., a child 14 or 15 years and defendant being at least ten years older than the child, with the intent of arousing, appealing to and gratifying the lust, passions and sexual desires of the said defendant or of thE"!said child, to wit, "AF 02".
14 OR 15 YEARS OF AGE, Penal Code, in that the

or about April 4, 2006,

COUNT 19: On or about April 9, 2006, defendant did commit a felony, LEWD ACT UPON A CHILD 14 OR 15 YEARS OF AGE, violation of Section 288 (el (1) of the California Penal Code, in that the defendant did willfully, unlawfully, feloniously, and lewdly commit a lewd and lascivious act upon and with the body and certain parts and members thereof of ALYCIA M., a child 14 or 15 years and defendant being at least ten years older than the child, with the intent of arousing, appealing to and gratifying the lust, passions and sexual desires of the said defendant or of the said child, to wit, '\closet_pass". COUNT 20: On or about April 15, 2006, defendant did commit a felony, LEWD ACT UPON A CHILD 14 OR 15 YEARS OF AGE, violation of Section 288(c) (It of the California Penal Code, in that the defendant did willfully, unlawfully feloniously, and lewdly commit a lewd and lascivious act upon and with the body and certain parts and members thereof of ALYCIA M., a child 14 or 15 years and defendant being at least ten years older than the Child, with the intent of arousing, appealing to and gratifying the lust, passions and sexual desires of the said defendant or of t.he said child, to wit, "DCIM".
f

COUNT 21:

On or about Apri ..l 27, 2006, defendant did commit a felony, ORAL COPULATION BY ANESTHESIA OR CONTROLLED SUBSTANCE., a violation of Section 288a(i) of the California Penal Code, in that the defendant did unlawfully comm i t; an act of oral copulation upon ALYCIA M., who was prevented from resisting by an intoxicating, anesthetic and controlled substance and this condition was known, and reasonably should have been known by the defendant, to wit, \\nd2".
COUNT 22: On or about Apri~ 27, 2006, defendant did commit a felony, SEXUAL P£NSTRATION BY A E'OREIGN OBJECT WITH VICTIM UNDER THE INFLUENCE, violation of Section 289(e) of the California Penal Codel in t.hat the defendant did w ill full Y unlawful 1 y, and feloniously cause the sexual perierr a tion 0 f ALYCIA
I

M. for the purpose of sexual aro~sal, gratification, or abuse by a penis or any foreign object, s ub s t an ce , instrument or device, to wit, purple pen, and the victim was prevented from resisting by the influence of an intoxicating or anesthetic substance or controlled substance administered by or with the knowledge of the defendan~. COUNT 23: On or about April 27, 2006, defendant di.d commit a felony! SEXUAL PENETRATION BY A fOREIGN OBJECT WITH VICTIM UNDER THE INFLUENCE, violatio~ of Section 289(e} of t.h~ California Penal Code, in that the defendant did will fully, un Lavf u Ll y , and fe lon iODS J y c au s e the sexual penetra t ior: of ALYCIA M. for the purpose of sexual arousal, gratification, or abuse by a penis or any foreign object, substance, instrument or device, to wit, silver pen, and the victim was prevented from resisting by the influence of an intoxicating or anesthetic substance or controlled substance administered by or with the knowledge of the defendant. On or about April 27, 2006, defendant did commit a felony, SE.XUAL BY A FOREIGN OBJECT WITH VICTIM UNDER THE INFLUENCE, violation of Section 289 (e) of the California Penal Code, in that the defendant did willfully, unlawfully, and feloniously cause the sexual penetration of ALYCIA M. for the purpose of sexual arousal, gratification, or abuse by a penis or any foreign object, substance, in5trume~t or devicer to wit, razor, and the victim was prevented from resisting by the influence of an intoxicating or anesthetic substance or controlled substance administered by or with the knowledge of the defendant. COUNT 25: On or about April 27, 2006, defendant did commit a felony, SEXUAL PENETRATION BY A FOREIGN OBJECT WITH VICTIM UNDSR THE INFLUENCE, violation of Section 289 (e) of the California Penal Coder in that the defendant. did willfully, unlawfully, and feloniously cause the sexual penetration of ALYCIA M. for the purpose of sexual arousal, gratification, or abuse by a penis or any foreign object, substance, instrument or device, to wit, bottle, and the victim was prevented from resisting by the influence of an intoxicating or anesthetic substance or controlled substance administered by or with the knowledge of the defendant. COUNT 24; PENETRATION

26: On or about April 271 2006, defendant did COmIDlt a felony, SEXUAL PENETRATION 8Y A FOREIGN OBJECT WITH VICTIM UNDER THE INFLUENCE, violation of Section 289 (e) of the California Penal Code, in that the defendant did willfully, unlawfullYI and feloniously cause the sexual penetration of ALYCIA M. for the purpose of sexual arousal, grati.fication, or abuse by a penis or any foreign objec~, substance, instrument or device, to wit, finger, and the victim was prevented from resisting by the influence of an intoxicating Or a n e s thet ic substance or controlled subs tance adrn i n i s te r-ed by 0 r with the knowledge of the defendant.
On or about April 271 2006, defendant did commit a felony, SEXUAL BY A fOREIGN OBJECT WITH VICTIM UNDER THE INFLUSNC8, violation of Section 289 (8) of the California Penal Code, in that the defendant did w i Ll f u l Ly , un lawf u Ll y , and feloniously cause the sexual penetration of ALYCIA M. for the purpose of sexual arousal, qratlfication, Or abuse by a penis Or any foreign object, substance, instrument Or device, to wit, lightar, and the victim was prevented from resisting by the influence of an intoxicating Or anesthetic substance or controlled substance administered by or wi Lh the knowledge of the defendant.

COUNT

COUNT

PENETRATION

27:

COUNT 28: On or about April 30, 2006, defendant did commit a felony, LEWD ACT UPON A CHILD 14 OR 15 YEARS OF AGE, violation of Section 288(cl (1) of the California Penal Code, in that the de::endant did willfully, unlawfully, felon iously, and 1ewd i y commit a l.ewd and lasei v i.ous act upon and with the body and certain parts ar.d memhe rs thereof of ALYCIA M., a child 14 or 15 years and defendant being at least ten years older than the child, with the intent of arousing, appealing to and gratifying the lust, passions and sexual desires of the said defendant or of the said child, to wit, ~coa".

29: On or about May 10, 2006, defendant did commit a felony, SEXUAL PEN8TRATION BY A FOREIGN OBJECT WITH VICTIM UNDER THE INFLUENCE, violation of Section 289 {e) of the California Penal Code, in that the defendant did willfully, unlawfully, and feloniously cause the sexual pe.net ra t i.on of ALYCIA M. for the purpose of sexual arousal, gratification, or abuse by a penis or any foreign object, substance, instrument or device, to w~tf dowel, and the victim was prevented from resisting by the influence of an intoxicating or anesthetic substance or cant rolled substance administered by or with the knowledge of the defendant. COUNT

COUNT

PENETRATION

30:

Section will fully, unlawfully, and feloniously cause the sexual penetration 0 f ALYCIA M. for the purpose of sexual arousal, gratification, or abuse by a penis or any £oreign object, substance, instrument or device, to wit, finger, and the victim was prevented from resisting by the influence of an intoxicating or anesthet ic substance or cant rolled substance administered by or with the knowledge of the defendant.

or about May la, 2006, defendant did commit a felony, SEXUAL BY A FOREIGN OBJECT WITH VICTIM UNDER THE INFLUENCE, violation of 289{e) of thE California Penal Code, in that the defendant did On

COUNT 31:

On or about May 10, 2006, defendant did cornmi t a felony I ORAL COPULATION BY ANESTHESIA OR CONTROLLED SUBSTANCE, a violation of Section 288ali} of the Californ~a Penal Code, in that the defendant did unlawfully commit an act of oral copulation upon ALYCIA M., who was prevented from resisting by an intoxicating, anesthetic and controlled substance and this condition was known, and reasonably should have been known by the defendant,
to wi t, "New Folder (4}". OR CONTROLLED SUBSTANCE, a violation of Sec::] on Penal Code! in that the defendant did unlawfully copulation upon ALYCIA M., who was prevented from
COUNT 32:

On or' about

May

18,

2006,

de f eridan't did

c omm i t a felony,

ORAL

COPULATION 288a(i) of

BY ANESTHESIA ~he California

coromit an act of oral tesis'ting by an intoxicating, anes~hetic and controlled substance and this condition was known, and reasonably should have been known by the defendant, to wit, ~Deep-2~.
COUNT 33: COPULATION

On or about May 18/ 2006, defendant did commit a felony, ORAL BY ANESTHESLD,. OR CONTROLLED SUBSTANCE, a violation of Section 288a{i) of the California Penal Code, in that the defendant did unlawfully c ornmi t an act of oral copulation up or: ALYCIA M., \lJho was prevented f r orn

resisting condition
to wit,

\\Daep_suc:k". On

by an intoxicating, anesthetic and controlled substance and this was known, and reasonably should have been known by the defendant,

COUNT 3 4 :

UPON A CHILD 14 OR 15 YEARS Of AGE, violation of Section 288 te) (1) of the California Penal Code, in that the defendant did willfully, unlawfully, feloniously, and lewdly commit a lewd and lascivious act upon and with the body and certain parts and members thereof of ALYCIA M., a child 14 years and defendant being at least ten years older than the child, with the intent of arousing, appealing to and gratifying the lust, passions and sexual desires of the said defendant or of the said child.
COUNT 35:

or about

May

18,

2006,

defendant

did

commit

a fe 1ony,

LE~I'JDACT

COPULATION

did cormnit a felony, ORAL SUBSTANCE, a violation of Section 288a(il of the California Penal Code, in that the defendant did unlawfully commit an act of oral copulation upon ALYCIA M., who was prevented from resisting by an intoxicating, anesthetic and controlled substance and this condition was known, and reasonably should have been known by the defendant, to wit, "Big_H_Day".
May

On or

about

22,

2006,

defendant

BY ANESTHESIA

OR CONTROLLED

COUNT 36: On or about May 22, 2006[ defendant did cow~it a felony, S~XUAL PENETRATION BY A FOREIGN OBJECT WITH VICTIM OND~R THE INrLUENCE, violation of Section 289 (e) of the California Penal Code, in that the defendant did willfully, unlawfully, and feloniously cause the sexual penetration of ALYCIA M. for the purpose of sexual arousal, gratification, or abuse by a penis or any foreign object, substance, instrument or device, to wit, purple bottle, and the victim was prevented from resisting by the influence of an intoxicating or anesthetic substance or controlled substance administered by or with the knowledge of the defendant.

COUNT 37: On or about May 22, 2006, defendant did commit a felony, RAPE BY USE OF DRUGS, violation of Section 261(a) (3) of the California Penal Code, in that the defendant did w i Ll.f Ll y , un Lawf u Lf.y , and u feloniously have and accomplish an act of sexual intercourse with ALYCIA M., who was not the wife of the defendant, she then and there bei~g rendered temporarily incapable of giving legal consent to the cornrut s Lon of said act by any intoxicating s or anaesthetic substance or by any controlled substance, and this was known or reasonably should have been known by the defendant. COUNT 38:
On or about May 22, 2006, defendant did commit a felony, LEWD ACT UPON A CHILD 14 OR 15 YEARS OF AGE, violation of Section 288 tel (1) of the Cali fornia Penal Code, in that the defendant did will fully, unlawfully, felon~ously, and lewdly commit a lewd and lasciv:Lous act upon and with the body and certain parts and members thereof of ALYCIA M" a child 14 or 15 years and defendant being at least ten years older than the child, with the intent of arousing, appealing to and gratifying the lust, passions and sexual desires of the said defendant or of the sald child, to wit, "Bi9_h_gtt.u.
COUNT 39: CO?[JLATION 288a(i) of commi. t an

of Sect ion the California Penal Code, in that the defendant did unlawfully act of oral copulation upon ALYCIA M., who was prevented from resisting by an intoxicating, anesthetic and controlled substance and this condition waS known, and reasonably should have been known by the defendant, t.o wi. t "Big_ h "ram" .
BY ANE:S'l' !-iSS IA
I

On or about

May 221 2006, defendant di d COITt.,.L\it a OR COr-:TROLLEO SUBSTANCE, a v io lation

felony,

OR,i;L

COUNT

40: On or about May 22, 2006, defendant did commit a felony, ORAL COPULATION BY ANESTHESIA OR CONTROLLED SUBSTANCE, a. violation of Section 288a[i) of the California Penal Code, in that the defendant did unlawfully corrrrnitan act of oral copulation upon ALYCIA M., who was prevented from resisting by an intoxicating, anesthetic and controlled substance and this condition waS known, and reasonably should huve been known by the defendantt to wi t, "Big "h11 asuu". COUNT
On or about May 24, 20061 defendant did commit a felony, RAPE OR violation of Section 289(e) of the California Penal Code, in that the defendant did willfully, unlawfully, and feloniously cause the sexual penetration of ALYCIAM. for the purpose of sexual arousal, gratification, or abuse by a penis or any foreign object, substance, instrument or device, and the victim was prevented from resisting by the influence of an intoxicating or anesthetic substance or controlled substance administered by or with the knowledge of the defendant.

41:

SODOMY,

COUNT

42:0n or about May 24, 2006, defendant did co:rrunita felony, ORAL COPULATION BY ANESTHESIA OR CONTROLLED SUBSTANCE, a violation of Secti.on 288a(i) of the California Penal Code, in that the defendant did unlawfully commit an act of oral copulation upon ALYCIA M., who was prevented from resisting by an intoxicating, anesthetic and controlled substance and this condition was known and reasonably should have been known by the defendant,
l

to wit,

nNew Folder

(5)".

COUNT 43: On or about May 28, 2006, defendant did commit a felony, LEWD ACT UPON A CHILD 14 OR 15 YEARS OF AGE, violation of Section 288 \ c) (1) of the Californl a Penal Code, an that the def endant; did willfully, unlawfully, feloniously, and lewdly commit a lewd and lascivious act upon and with the body and certain parts and members thereof of ALYCIA M., a child 14. or 15 years and defendant being at least Len years older Lhan the child, with the intent of arousing, appealing to and gratifying the lust, passions and sexual desires of the said defendant or of the said. child, to wit, "sick_ll1•

COUNT 44:

On or about May 28, 2006, defendant did commit a felony, "LEWD ACT UPON A CH!LD 14 OR 15 YEARS OB' AGE, violation of Section 288 (el (1) of the California Penal Code, in that the defendant did willfully, un Law f u Ll y , feloniously, and lewdly COITU"'llit a lewd and lascivious act upon and wit.h the body and certain EJarts and members thereof of ALYCIA M., a child 14 or 15 years and defendant being at least ten years older than the child, with the intent of arousing, appealing to and gratifying the lust, passions and sexual desires of the said defendant or of the said child, to wit, \\sick_3_TIT".
COUN"T 45: On or about and between July 2, 2005 and August 16, 2006, defendant did commit a felony USING [V[INOR fOR ?OSING OR MODELING Ir:.;VOLVING SEXUAL CONDUCT, viola~lon of Section 311.4rc) o~ the California Penal Code, in that the defendant did unlawfully, feloniously, and with knowledge that the minor was under 18 years of age, or should reasonably have known that the minor was under 18 years of age, pcornote, employ, use persuade, induce and coerce the minor to engage in and assist others to engage in posing and modeling alone and with others for purposes of preparing any representation of information, data or image involving sexual conduct by a minor.
I

MlJki/llli/rcs

All of which is contrary to law in such cases made and provided, and against the peace and dignity of the People of the State of California. Said Complaint therefore prays that a warrant be issued for the arrest of said defendantls) and that said defendantis) be dealt with according to law. I certify under penalty of perjury, at Modesto, California, that the foregoing is true and correct.