What is the test for a charge of sexual assault under section 288 of the California Penal Code?

California, United States of America

The following excerpt is from People v. Woffinden, 21 Cal.App.4th 697, 26 Cal.Rptr.2d 369 (Cal. App. 1993):

Appellant relies heavily on People v. Bevan (1989) 208 Cal.App.3d 393, 256 Cal.Rptr. 233, a multiple conviction case in which the defendant was charged with three violations of section 288, subdivision (a) arising out of a single incident with a 12 year-old victim. The defendant kissed the victim, picked her up until her feet were off the ground, kissed her again, touched her breasts beneath her bra, then grabbed her wrist and put her hand on his penis. One count was based on touching of the victim's breasts, another was based on one kiss, and a third on forcing the

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What is the test for a charge of sexual assault under section 288 of the California Penal Code?

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