What is the relevant case law on sexual assault under section 288 of the California Child Protection Act?

California, United States of America


The following excerpt is from People v. Rangel, B271735 (Cal. App. 2017):

Section 288 may be violated by any touching of a child; the trier of fact must consider all of the circumstances to determine whether the touch was performed with the required specific intent. (People v. Martinez (1995) 11 Cal.4th 434, 445, 452.) Relevant circumstances include the nature of the alleged touch, other acts of lewd conduct charged or admitted in the case, the relationship of the parties, or any efforts to obtain the victim's cooperation or to avoid detection. (Id. at p. 445.) "A touching which might appear sexual in context because of the identity of the perpetrator, the nature of the touching, or the absence of an innocent explanation, is more likely to produce a finding that the act was indeed committed for a sexual purpose and constituted a violation of the statute." (Id. at p. 452.)

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