California, United States of America
The following excerpt is from People v. Gonzales, E057702 (Cal. App. 2014):
Section 288, subdivision (a) establishes felony punishment for "any person who willfully and lewdly commits 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 . . . ." In People v. Martinez (1995) 11 Cal.4th 434, 452, the court held that "section 288 is violated by 'any touching' of an underage child accomplished with the intent of arousing the sexual desires of either the perpetrator or the child." The defendant's intent may be inferred from all the circumstances. (Ibid.)
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