A Santa Ana man was charged Wednesday with having sex and smoking marijuana with a 12-year-old girl in his car, county prosecutors said.
Neftali Pena Procopio, 31, is charged two felonies: lewd acts on a child under 14 and furnishing marijuana to a minor, according to the Orange County District Attorney's office. He also faces a sentencing enhancement for substantial sexual conduct with a child.
Procopio, who is being held in lieu of $100,000 bail, had his arraignment Wednesday until September 3. If convicted, Procopio faces a maximum sentence of nine years and eight months in state prison.
Prosecutors allege Procopio met 12-year-old Jane Doe on Monday afternoon while he was playing basketball on the campus of Santa Ana High School.
Jane Doe is not a student at the school, and did not know Procopio, prosecutors said.
Procopio arranged for Jane Doe to sneak out of her home that night, prosecutors said. He picked her up, and then parked the car in the 300 block of South Ross Street, they added.
He gave her marijuana, and they smoked it together, prosecutors said. He then had unlawful sex with Jane Doe, and discarded the used condom by tossing it outside his car, they added.
A Santa Ana police officer spotted the parked car at 2 a.m. Tuesday, prosecutors said. He ended up arresting Procopio and driving the alleged victim back to her home, they added. Her parents were unaware she had been gone.