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Mandatory Chemical Castration for Perpetrators of Sex Offenses Against Children: Following California’s Lead

This legal comment published in the Pepperdine Law Review analyzes the introduction of Assembly Bill 3339 in California in 1996.  AB 3339, passing the California State Assembly and State Senate in 1996 and signed by then Governor Wilson on September 17, 1996, became effective in California on January 1, 1997 and is now codified as California Penal Code Section 645.

The Comment analyzes the structure of the then-newly introduced law, the chemical mechanism behind the procedure and support for the application of chemical castration in California based on existing usage outside of California and outside of the United States.  The comment further analyzes the new law against Eighth Amendment proscriptions against cruel and unusual punishment, constitutional right to privacy, including the right to procreative freedom, the right to object to or receive medical treatment and informed consent to medical treatment.   The comment further analyzes existing public policy arguments in support of and in opposition to the law.  

The comment concludes in support of the California law as an effective measure to prevent crimes against children with a positive effect on recidivism and consistent with constitutional principles.

Published in 25 Pepp. L. Rev. 67 (1997))

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Peter J. Gimino III

Founder

Mr. Gimino is the founder of The Gimino Law Office, APC. He has extensive experience litigating matters in state and federal courts at all stages of litigation. Mr. Gimino represents both individuals and business clients with domestic and international operations in a wide variety of industries. His practice focuses primarily on civil litigation for individual disputes, business litigation, trade secret and unfair competition litigation, creditor’s rights, and judgment enforcement.

Mr. Gimino has also provided pro bono legal services to the community. His pro bono work has resulted in the successful prosecution of claims for financial elder abuse, resolution of landlord tenant disputes, and enforcement of a charitable donation contract.

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