What is the test for sexual assault under section 288 of the California Child Protection Act?

California, United States of America


The following excerpt is from People v. Williams, B269049, B280742 (Cal. App. 2018):

underage child accomplished with the intent of arousing the sexual desires of either the perpetrator or the child." (People v. Martinez (1995) 11 Cal.4th 434, 452.) The basic purpose of section 288 is "to provide children with 'special protection' from sexual exploitation. [Citation.] . . . [Citation.] The statute also assumes that young victims suffer profound harm whenever they are perceived and used as objects of sexual desire. [Citation.] . . . [] For this reason, the courts have long indicated that section 288 prohibits all forms of sexually motivated contact with an underage child. Indeed, the 'gist' of the offense has always been the defendant's intent to sexually exploit a child, not the nature of the offending act. [Citation.] '[T]he purpose of the perpetrator in touching the child is the controlling factor and each case is to be examined in the light of the intent with which the act was done. . . .' " (Id. at pp. 443-444.) "The trier of fact must find a union of act and sexual intent [citation], and such intent must be inferred from all the circumstances beyond a reasonable doubt." (Id. at p. 452.)

Circumstances relevant to determining whether a defendant acted with lewd intent include the nature of the charged act, "the relationship of the parties [citation], and any coercion . . . used to obtain the victim's cooperation or to avoid detection [citation]." (People v. Martinez, supra, 11 Cal.4th at p. 445.)

Other Questions


For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
Does a minor have a constitutional privacy right to refuse to report to child protective agencies of a suspected violation of section 288 of the California Child Protection Act? (California, United States of America)
Does Section 1108, subdivision (a) of the California Criminal Code, section 352, make evidence of uncharged sexual misconduct in a sexual assault case admissible? (California, United States of America)
What constitutes sexual abuse, sexual assault and sexual exploitation under section 11165.1 of the California Penal Code? (California, United States of America)
What are the elements of a sexual assault under section 288 of the California Child Protection Act? (California, United States of America)
How have courts treated section 827, subd. E. of the California Child Protection Act when dealing with an allegation of sexual assault involving a minor? (California, United States of America)
What is the relevant case law on sexual assault under section 288 of the California Child Protection Act? (California, United States of America)
Does section 654 of the California Criminal Code allow multiple punishment for assault where the assault is so extreme and gratuitous that it goes far beyond what is needed to accomplish the assault? (California, United States of America)
Does Section 187 of the California Criminal Code, section 187 of which prohibits assault on a pregnant woman without her consent for the purpose of unlawfully killing her unborn child? (California, United States of America)
Does a Defendant who commits an assault with a firearm under section 245, subdivision (a)(1) of the California Criminal Code commit assault with the deadly weapon under Section 245 of the Civil Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.