California, United States of America
The following excerpt is from People v. Sayyid-El, 2d Crim. No. B235608 (Cal. App. 2013):
other act when relevant to prove some fact (such as . . . intent . . .)." "Evidence of intent is admissible to prove that, if the defendant committed the act alleged, he or she did so with the intent that comprises an element of the charged offense." (People v. Ewoldt (1994) 7 Cal.4th 380, 394, fn. 2.)
The People claim evidence of the defendant's sexual intent is a necessary element to prove an attempt to commit a lewd act on a child. We agree. "An attempt to commit a lewd act upon a child requires both an intent to arouse, appeal to, or gratify 'the lust, passions, or sexual desires of [the defendant] or the child' [citations] 'and . . . a direct if possibly ineffectual step toward that goal-in other words, he attempted to violate section 288.'" (People v. Crabtree (2009) 169 Cal.App.4th 1293, 1322.)
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