Lewd or Lascivious Acts on Minor – California Penal Code Section 288(a)

To prove that the defendant is guilty of committing a lewd or lascivious act on a child under the age of 14 years, the prosecution must prove that:

<Alternative 1A—defendant touched child>
1.    The defendant willfully touched any part of a child’s body either on the bare skin or through the clothing;
OR
<Alternative 1B—child touched defendant>
1.    The defendant willfully caused a child to touch (his/her) own body, the defendant’s body, or the body of someone else, either on the bare skin or through the clothing;

2.    The defendant committed the act with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of (himself/herself) or the child;

AND

3.    The child was under the age of 14 years at the time of the act.

A “lewd or lascivious act” is any touching of a person with the intent to sexually arouse the perpetrator or the other person. The touching need not be done in a lewd or sexual manner. A lewd or lascivious act includes touching any part of the person’s body, either on the bare skin or through the clothes the person is wearing.

A lewd or lascivious act includes causing someone to touch his or her own body or someone else’s body at the instigation of the perpetrator who has the required intent.

Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.

Actually arousing, appealing to, or gratifying the lust, passions, or sexual desires of the perpetrator or the child is not required.

Under the law, a person becomes one year older as soon as the first minute of his or her birthday has begun.