Can a defense claim that the evidence permitted conviction for conduct that was purportedly too innocuous to violate section 288 of the California Child Protection Act?

The court in Martinez observed that "[r]eviewing courts have repeatedly declined to reverse a guilt judgment or grant other relief in the face of a defense claim that the evidence... permitted conviction for conduct that was purportedly too innocuous to violate section 288." (People v. Martinez, supra, 11 Cal.4th at p. 447.) It explained that although "children are routinely cuddled, disrobed, stroked, examined, and groomed as part of a normal and healthy upbringing," these "intimate acts may also be undertaken for the purpose of sexual arousal. Thus, depending upon the actor's motivation, innocent or sexual, such behavior may fall within or without the protective purposes of section 288." (Id. at p. 450.)