Police say Procopio persuaded the victim to sneak out of her home later that night. Around 10 p.m., Procopio picked up the victim at her home and drove her to the 300 block of South Ross Street in Santa Ana.
After he parked his car, police say Procopio gave the victim marijuana. They allegedly smoked the marijuana together, and had sex. Authorities said that Procopio then tossed the used condom outside of the car.
At around 2 a.m., an officer with the Santa Ana Police Department saw the Procopio's parked car with fogged windows. Procopio was arrested at the scene and the victim was taken home to her parents.
Procopio is charged with one felony count of lewd acts on a child under 14 with a sentencing enhancement for substantial sexual conduct with a child. He is also charged with one felony count of furnishing marijuana to a minor. If convicted, Procopio faces a maximum sentence of nine years and eight months in state prison.
He is being held on $100,000 bail.