Lewd or Lascivious Act: Child 14 or 15 Years – California Penal Code Section 288(c)(1)

To prove that the defendant is guilty of committing a lewd or lascivious act on a child that is 14 or 15 years, the prosecution must prove that:

<Alternative 1A—defendant touched child>
1.    1A. 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;

3.    The child was (14/15) years old at the time of the act;

AND

4.    When the defendant acted, the child was at least 10 years younger than the defendant.

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.

It is not a defense that the child may have consented to the act.

In determining whether a person is at least 10 years older than a child, measure from the person’s birth date to the child’s birth date.

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