What is the test for a defendant to be convicted of committing a lewd and lascivious act against a minor?

California, United States of America


The following excerpt is from People v. Yrigoyen, G054371 (Cal. App. 2019):

Penal Code section 288, subdivision (a) makes it a felony for one to "willfully and lewdly commit[] any lewd or lascivious act, . . . upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child." To establish a violation of this section beyond a reasonable doubt, the prosecutor was required to prove defendant intended to gratify the sexual desires of M.S. or himself. (People v. Martinez (1995) 11 Cal.4th 434, 452.) Thus, evidence tending to show defendant had a sexual intent was relevant. (See Evid. Code, 1101, subd. (b) [past act admissible to prove intent].)

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