Does a touch on the shoulder constitute a lewd act?

Although the victim testified to two acts of touching--one on the shoulder and one on the genitals--the district attorney in both her opening statement and closing argument relied exclusively upon the latter as the lewd act forming the basis for the criminal charge. The district attorney made no suggestion that the touch on the shoulder was sufficient. The case therefore stands in contrast to People v. Wallace, supra, 11 Cal.App.4th at p. 580, 14 Cal.Rptr.2d 67, where the district

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