What is the test for determining whether there are three acts of molestation under section 288.5 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Angel, B255349 (Cal. App. 2016):

Defendant maintains that three acts of molestation are an essential element of section 288.5, so each act must be proved beyond a reasonable doubt. Not so. While "the number of acts of molestation is an essential element of the crime[,] unanimity on which acts . . . is not." (People v. Higgins (1992) 9 Cal.App.4th 294, 307.)

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