What constitutes a lewd act under section 288 of the California Lascivious Act?

California, United States of America


The following excerpt is from People v. Mendiola, C080874 (Cal. App. 2017):

While R. did testify defendant did not touch her vagina with his hand like he admitted doing to the officers, she also testified he would sometimes force her to put her mouth on his penis. Under section 288, acts constituting other sexual offenses can qualify as a lewd or lascivious act under the statute. ( 288, subd. (a).) R.'s testimony alone was sufficient evidence of the corpus delicti of a lewd act based on such occasions. (People v. Maxwell (1979) 94 Cal.App.3d 562, 577 [testimony of single witness sufficient to prove crime committed]; Evid. Code, 411.)

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