California, United States of America
The following excerpt is from L.A. Cnty. Dep't of Children & Family Servs. v. M.M. (In re D.M.), B303088 (Cal. App. 2020):
(People v. Mullens (2004) 119 Cal.App.4th 648, 662.) "[T]he 'circumstances' which bear on the 'sexual' nature of the encounter are those facts which indicate that the actor touched the child in order to obtain sexual gratification." (People v. Martinez (1995) 11 Cal.4th 434, 450, fn. 16.) Circumstances considered in determining whether an act was performed with the requisite intent include such factors as the act itself, the relationship of the parties, whether secrecy was associated with the conduct, and "the presence or absence of any nonsexual purpose." (Id. at pp. 445, 450, fn. 16.)
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