French Kissing Is Sex -- Especially Between Adult and Minor, Court Rules

John-Stuart-Moses-lewd5.jpg
John Stuart Moses: tongue trouble
You can finally breathe.

An age old, looming question has been officially resolved.

A California appellate court panel based in Santa Ana this month settled the question about whether French kissing is inherently a sex act.

It is, according to the court.

The issue arose when John Stuart Moses challenged the legitimacy of his sex crimes conviction for his intimate relationship with a 13-year-old Anaheim girl he met at VampireFreaks.com.

Moses, who was 23 at the time of the incidents, avoided a conviction in his first trial after claiming that the girl was to blame because she repeatedly lied by claiming she was 18 years old, an assertion also contained on her MySpace.com profile.

The girl also claimed that they had engaged in oral sex and intercourse in the back seat of a parked car; Moses insisted they'd only French kissed.

But prosecutor Robert Mestman in the Orange County District Attorney's office won a conviction for lewd conduct with a minor in a retrial and Superior Court Judge David A. Thompson sentenced Moses to a punishment of three years' of formal probation after suspending a 365-day jail term.

The appellate court considered and rejected Moses' claim that there was insufficient evidence to convict him and that French kissing isn't sex.

"We conclude that evidence of making out and French kissing for an extended period of time in the backseat of a car parked in a dark parking lot is sufficient to prove the intent to gratify sexual desires necessary to [violate California's sex crimes laws]," wrote Justice Richard Fybel on behalf of his colleagues, justices Richard Aronson and Raymond Ikola.

But the justices did side with Moses on his complaints that certain probation rules issued routinely by Orange County court officials are unconstitutional.

John-Stuart-Moses-lewd4.jpg
Moses bitten after VampireFreaks.com visit
He'd been banned from working as a massage therapist (upheld), marrying anyone with kids under 18 (overturned), frequenting places where kids congregate (upheld), using sexually explicit materials (upheld), contacting anyone inside a vehicle (overturned) and hitchhiking (upheld).

Go HERE to read my original coverage of the case, When Is It Not A Crime To Hook Up with A Seventh Grader?

--R. Scott Moxley / OC Weekly

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25 comments
Ewwwwwww
Ewwwwwww

I wonder how Gustavo feels about when he used to practice on his sister?

Immortal Phoenix Cat
Immortal Phoenix Cat

This country is so screwed up to the point that it is so ridiculous!! With the current sex offenders laws, everyone would be considered a sex offender, literally!! Urinating in public is a sex crime?? An 18-year-old having sex with a 16- or 17-year-old is a sex crime?? An 18-year-old having sex with a minor one day before being 18 is a sex crime?? GIVE ME A BREAK!! I cannot believe this country is full of idiots and stupid people!!

Tonni Bear
Tonni Bear

Judges in California are Idiots, i am really starting to hate this country

Scretch
Scretch

Isn't that funny, it's usually the male that wants to brag about the sex acts unless of course theres a year in jail involved.

Keith
Keith

At least he's still not allowed to hitch hike

Joe
Joe

Where are all the racist comments?  THis guys a pedophile scumbag, just like the Latino in the other article?  But I don't read anything about race?  Assholes..............

Dweezle.Di
Dweezle.Di

A point that many seem to overlook in their comments was that they apparently DID have oral and vaginal sex, but it could not be proved beyond a reasonable doubt. So prosecutors went for the lesser included offense, an easy case to prove perhaps. Is the easy way out justice? The girl lied. however children and the mentally impaired are considered unable to commit crimes as they supposedly are not responsible... perhaps it is time to review and adjust the law on this subject? Go into a class of 6 year olds, take their teachers apple, then go in and deny it to the teacher, I guarantee each and every child will be screaming that you lied... at what point do children learn there are shades of gray, not all is black & white.

I man commits a murder, but the state cannot prove he did it, during the commission of the crime they found security cam video of him urinating in public, so instead they try him for indecent exposure and he is given the maximum sentence of one year. and must register as a sex offender... is this justice? for the violator or the victim? but the prosecutor gets a win on his track record...

Dave Love
Dave Love

What s stupid decision.  Does this mean you have to get ID from any woman before you kiss her?  What if she has a fake ID? The law is an idiot.

Fedup
Fedup

This is just great! Now this guy is a registered sex offender for life (there is NO relief for a lewd & lascivious). FOR LIFE. For "making out" (!) with a girl who lied about her age publicly and repeatedly. Now, I am not saying he should not be punished for breaking the law. Children do need protection. Put him in county / prison for a while and let him think about what to do or not next time. But to ruin this guy's life? I have no idea what his life was before this event (he appeared to be employed), but I have a vague idea what it is after. He will never get a decent job and contribute to society, he is listed as homeless and already in violation of his registration. Heading for more prison time. Guess who is going to pay for that? Bring on the thumbs down, but I, as a tax payer, am sick and tired of these prosecutors and laws whose only goal is to create outcasts for the rest of their lives. At age 23 - that should be 50-60 years of making sure the beast is being fed. Minimal / suspended time and registration for LIFE. It does look good on on the DA's record, should they ever run for office.

If my hard earned tax money does not go towards the education of my children, my social security or making this place a better world (which I do not believe this does) - I am against it! For "making out" for crying out loud. Well done.

guest
guest

I kinda feel sad for the guy. the girl told him over and over she was 18. when i was 13 i could have passed for 18. what happened to her did she get in any trouble for lying ?

novenator
novenator

Bullshit. Sex does not occur until a genital organ penetrates another genital organ. Even oral sex is not really sex, it is foreplay.

*confused*
*confused*

And he is a "dangerous" individual (??)

909Jeff
909Jeff

Thats not what Bill Clinton says!

Immortal Phoenix Cat
Immortal Phoenix Cat

Oh, I already despise the USA with a passion now!! It is so bad right now that it is so pathetic!! The USA is going downhill and will be destroyed some day if it keeps going the way it is now!!

Dweezle.Di
Dweezle.Di

The law is not an idiot, the prosecutions use & the courts interpretation of it may be.If a person is looking for girls of a questionable age, perhaps they should look elsewhere, at the same time, Is a 60 year old dating a 19 year old any different than an 18 year old dating a 17 year old, (or 14 year old) legally yes, morally? Perhaps Law should be less about numbers... but what can they use?

Labrat
Labrat

It is common knowledge that the actions he was taking could end up with him registering as a sex offender. Really, it is a precarious situation, but as a man who has been in this kind of situation, I know that it is my responsibility to be absolutely certain that the girl is not a minor. Sometimes, they lie about that kind of thing, and considering that they are children they have a problem really thinking about the consequences. When a girl who 'looks young' has problems with her ID and can't let you see it, that is evidence enough that she's a minor, and more trouble than she's worth. Also, I've had problems with this sort of thing with girls who are 16 or 17 and can't quite be honest about their age. But 13? Really? There's going to be some very big red flags about her looks and behavior that are going to make it pretty obvious. It's hard for me to feel sorry about this guy.

909Jeff
909Jeff

There was an NBA player in the late 90's that picked up a girl in a bar... no one under 21 allowed.  she had a fake ID and insisted she was 21, as it turns out she was 14...DOH! Anyways, he was still prosecuted and while in court testifying he posed the question of the year... "What was I supposed to do, Cut off her leg and count the rings?" 

CLASSSIC! 

Chris Idaho
Chris Idaho

Judge Thompson routinely abuses the definition of sex and lewd acts. It's been argued in his courtroom that telling a child to comb his hair can be deemed a lewd act. Further, he permitted the conviction of a man for lewd acts on the body of a child under 14 for merely pantsing the child to his boxers! Even the boy's father testified it was silliness and not sexual, but the so-called perpetrator is now a violent sex-offender!!

ibivi
ibivi

It is sexual arousal isn't it?   He was attempting to seduce her.  If he's checking her age he knew he might be charged.   

mrsGambit
mrsGambit

So, lesbians never have sex?

Immortal Phoenix Cat
Immortal Phoenix Cat

Labarat, I know the feeling. I once had a so-called "online girlfriend" in 2005 who claimed she was 18. I believed her, but she looked very young like most Asian girls. Asian women look a lot younger than they actually are. So, stupid me, I believed that she was 18. I invited her to join a site that I used to belong to. She put down her age as 17!! I was furious like hell because she lied to me about her age. It turned out that there was a guy who was 27 who was "dating" this girl. And guess what? She also lied about being single to me! When I found out about her age, I just decided to break all contact with her since she could be 13 or 14 for all I know. She could have lied to me about everything she told me, except I knew that she was honest about her being a Pnay, her name, and where she lived. Everything else, I did not know what was true and what was a lie. She even sent me IMs asking me if she wanted to be friends with me. I told her NO WAY! I did not want to end up going to jail because she lied to me about her age. Some girls are like that, unfortunately. :(

Btw, I had met a very hot-looking Filipina in 1998 or 1999 and she looked like she was 13 or 14, but it turned out that she was 19 years old!

909Jeff
909Jeff

Nope they make sweet sweet love...Preferably on video!

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