What is the test for "touching breasts for the purpose of sexual arousal, sexual gratification or sexual abuse"?

California, United States of America


The following excerpt is from People v. Enloe, C071987 (Cal. App. 2015):

arousal, sexual gratification, or sexual abuse." Defendant argues that CALCRIM No. 935, standing alone, says nothing to require the jury to find that he touched the breasts of the complaining witnesses with the wrongful intent. However, the use of the phrase "for the purpose of" typically denotes a specific intent crime. (People v. Atkins (2001) 25 Cal.4th 76, 86.) We conclude there is no reasonable likelihood a juror would fail to understand that touching breasts "for the purpose" of sexual arousal, sexual gratification, or sexual abuse was a specific and wrongful intent and that the instruction required the union of act and intent.

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