Is the phrase "the touching need not be done in a lewd or sexual manner" misleading the jury?
California, United States of America
The following excerpt is from People v. Olivas, E061974 (Cal. App. 2016):
Defendant contends the phrase "the touching need not be done in a lewd or sexual manner" likely misled the jury that it was not necessary to find defendant acted with a lewd intent. Defendant forfeited this claim, however, because he failed to raise it at trial. (People v. Hudson (2006) 38 Cal.4th 1002, 1011-1012.) Putting aside defendant's failure to preserve the issue, it is without merit.
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