How has section 288 of the Alberta Criminal Code been interpreted?

California, United States of America


The following excerpt is from People v. Carson, 30 Cal.App.4th 1810, 36 Cal.Rptr.2d 790 (Cal. App. 1994):

12 See also People v. Camp (1919) 42 Cal.App. 411, 417, 183 P. 845, where the court stated: "Section 288 is particularly directed to the prevention and punishment of lewd and lascivious conduct with and upon the bodies of children under fourteen years of age, because, as a rule, it may properly be assumed they are not sufficiently matured mentally to appreciate as fully as older persons the consequences to them, both morally and physically, of such acts of degeneracy, and they, therefore, generally have neither the judgment nor the physical power, which in such cases is often minimized where there is no developed mental power, to protect themselves against the perpetration upon them of such outrages which it is the object of this law to prevent, if it can be done, or to punish where such acts have been done. Such crimes as the one denounced by section 288 are (we think experience shows to be true) ordinarily committed by persons of mature years or who at any rate are old enough to know that the inevitable tendency of conduct so abnormal and utterly diabolical is to corrupt the morals of children and to make them what the perpetrator of such a crime himself is."

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