How have courts interpreted the phrase "spur of the moment" in an instruction in a sexual assault case?
California, United States of America
The following excerpt is from People v. Montano, A139919 (Cal. App. 2019):
As defendants acknowledge, the "spur of the moment" language in this instruction came directly from People v. Swanson-Birabent (2003) 114 Cal.App.4th 733, 742, in which the court held the evidence was sufficient to support a lewd and lascivious act conviction against the defendant where she stood by and watched while her boyfriend molested her daughter. (Id. at pp. 741-743.) The defendant argued that in order for her to be liable as an aider and abettor, she must have had advance knowledge that her
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