What is the test for a sexual assault charge under section 647.6 of the California Penal Code?

California, United States of America


The following excerpt is from Los Angeles Cnty. Dep't of Children & Family Servs. v. R.G. (In re D.G.), B235755 (Cal. App. 2012):

purview of the statute. [Citation.]" (People v. Carskaddon (1957) 49 Cal.2d 423, 426.) The primary purpose of section 647.6 "is the 'protection of children from interference by sexual offenders . . . .' [Citations.]" (Id. at p. 425.) "The deciding factor for purposes of a Penal Code 647.6 charge is that the defendant has engaged in offensive or annoying sexually motivated conduct which invades a child's privacy and security, conduct which the government has a substantial interest in preventing . . . ." (People v. Kongs (1994) 30 Cal.App.4th 1741, 1752.) "[T]here can be no normal sexual interest in any child and it is the sexual interest in the child that is the focus of the statute's intent." (People v. Shaw (2009) 177 Cal.App.4th 92, 103, italics omitted.)

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