ther is punishable by imprisonment in the State prison for not exceeding fifteen years." This section read, as just quoted, until the last several sessions of the legislature, when to the above was added the following:

or by imprisonment in the county jail not to exceed one year; provided, however, whenever any person is found guilty of the offense specified herein, and it is charged and admitted or found to be true that he is more than 10 years older than his coparticipant in such an act, which coparticipant is under the age of 14, or that he has compelled the other's participation in such an act by force, violence, duress, menace, or threat of great bodily harm, he shall be punished by imprisonment in the State prison for not less than three years. The order of commitment shall expressly state whether a person convicted hereunder is more than 10 years older than his coparticipant and whether such coparticipant is under the age of 14. The order shall also state whether a person convicted hereunder has compelled coparticipation in his act by force, violence, duress, menace, or threat of great bodily harm. (Am. Stats, 1st Ex. Sess. 1950, ch. 56, Section 1; Stats. 1st Ex. Sess, 1952, ch. 23, Section 3; Stats. 1955, ch. 274, Section 1.)"

Section 288a, was enacted by the legislature because one of our Supreme Court decisions (8) held that Section 286 covered only acts of pedication (both human and bestial) but did not cover fellatio.

When the first version of Section 288a was enacted in 1915, declaring fellatio and cunnilingus felonies, it was declared unconstitutional on two grounds: one, because our constitution requires all statutes be in the English language and, second, because it lacked a definite technical meaning, that is, it sometimes was used to refer to both the passive and the active party.(9)

Thus we have the present Section 288a, passed in 1921, which I just read, Its constitutionality has been upheld against the attack of vagueness and uncertainty.(10)

There are a few other code sections I should at least mention, for you should know of their existence. The legislature ten years ago added a provision(11) that all persons ever convicted of any type of sex offense must register with either the county sheriff or the local chief of police.

There are also the Welfare and Institution Code Sections (12) providing for the determination of sexual psychopaths and for their incarceration in State mental hospitals.

Next, we will look at enforcement of the penal statutes. After a police officer arrests the suspect the problem becomes one for the District Attorney, the county law officer having the responsibility of prosecuting violations of State statutes. If he thinks a prosecution under one of the felony sections I have just read is not indicated, for any one of several reasons, he still might issue a felony complaint on the reasoning that the defendant will thereby be induced to plead guilty to a misdemeanor, that is, a lesser charge. For example, prosecuting attorneys are generally willing to accept a plea of vaglewd (lewd vagrancy) when the act and circumstances do not involve children, public outrage or violence. The District Attorney's office often anticipates such an outcome and where the offenders are both mature men and the offense not too public, they will not file a felony complaint but will turn the matter over to the city prosecutor where a misdemeanor complaint or vaglewd complaint is issued.

Next we come to the trial courts. The philosophies of the trial judges are varied and they range all the way from ignorant leniency and ignorant savagery to the same views on punishment entertained by psychiatrists.

The final phase of judicial procedure is the appellate court. The California homosexual cases reported are surprisingly many. Not all questions, however, have been decided. For example, there is not a single reported female homosexual case.