Does a conviction for lewd conduct upon a child under the age of 14 require the touching to be overtly sexual?

California, United States of America


The following excerpt is from People v. Interiano-Rivas, G055658 (Cal. App. 2019):

A conviction for lewd conduct upon child under the age of 14 does not require the touching to be overtly sexual. Further, the touching may be done by the victim at the instigation of the defendant, "providing it was done for the purpose of some immediate sexual gratification." (People v. Austin (1980) 111 Cal.App.3d 110, 113.)

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