explaining that “throughout [section 288’s] history, the cases have made clear that a 'touching' of the victim is required, and that sexual gratification must be presently intended at the time such ‘touching’ occurs,” though the ultimate form of the touching is immaterial
How later courts described this case
- explaining that “throughout [section 288’s] history, the cases have made clear that a 'touching' of the victim is required, and that sexual gratification must be presently intended at the time such ‘touching’ occurs,” though the ultimate form of the touching is immaterial
- explaining that “sexual gratification must be presently intended at the time such ‘touching’ occurs” but that a “lewd or lascivious act can occur through the victim’s clothing and can involve ‘any part’ of the victim’s body”
- noting that jury deliberations were longer than the evidentiary phase of the trial
- holding that a lewd or lascivious action under § 288(a) can occur through a victim’s clothing
Written by the judges who cited it.
The opinion
MOSK, J.
I concur in the judgment on the facts of this case. I do so because I read Penal Code section 288, subdivision (a), to impliedly define a “lewd or lascivious act” as any conduct committed “with the intent of arousing, appealing to, or gratifying” the “lust,” “passions,” or “sexual desires” of either the perpetrator or the underage victim.