California, United States of America
The following excerpt is from People v. Wallace, 11 Cal.App.4th 568, 14 Cal.Rptr.2d 67 (Cal. App. 1992):
"Virtually any act can fit this description [of a lewd or lascivious act], depending upon the intent with which it is done. As stated in People v. Hobbs (1952) 109 Cal.App.2d 189, 192 [240 P.2d 411]: 'Section 288 of the Penal Code was enacted to protect children from the lustful advances and tamperings of callous and unscrupulous persons as well as from the assaults of [11 Cal.App.4th 578] depraved unfortunates. In all cases arising under this statute the purpose of the perpetrator in touching the child is the controlling factor and each case is to be examined in the light of the intent with which the act was done. In People v. Owen [ (1945) ] 68 Cal.App.2d 617, 620 [157 P.2d 432] [citation], it is said that "It is not the accomplishment but the intent of the party that is the basis of the commission of the acts condemned in Penal Code section 288." If intent of the act, although it may have the outward appearance of innocence, is to arouse, or appeal to, or gratify the lust, the passion or the sexual desire of the perpetrator it stands condemned by the statute, or, if it is intended to arouse feelings of passion or sexual desire in the child, it likewise stands condemned.' " (Pitts, supra, 223 Cal.App.3d at p. 887, 273 Cal.Rptr. 757; emphasis added.)
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