What are the elements of a sexual assault under section 288 of the California Child Protection Act?

Counts 1 and 2 were charged under section 288, subdivision (b)(1), which proscribes lewd and lascivious acts committed on a child under the age of 14 years "by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person." The elements of an offense under this statute are "(1) physical touching of a child under age 14; (2) for the present and immediate purpose of sexually arousing or gratifying the defendant or victim; and (3) the touching was accomplished by use of force, violence, duress, menace, or fear of injury." (People v.

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Poletti (2015) 240 Cal.App.4th 1191, 1207, citing People v. Alvarez (2002) 27 Cal.4th 1161, 1171.)