California, United States of America
The following excerpt is from People v. Ward, E050843 (Cal. App. 2011):
When a criminal defendant contends the evidence was insufficient to support his conviction, we review the whole record in the light most favorable to the judgment to determine whether it discloses evidence that is reasonable, credible, and of solid value, such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. (People v. Johnson (1980) 26 Cal.3d 557, 578.)
Section 288, subdivision (a) provides: "Any person who willfully and lewdly commits any lewd or lascivious act . . . upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony . . . ." "Because intent for purposes of Penal Code section 288 can seldom be proven by direct evidence, it may be inferred from the circumstances." (In re Mariah T. (2008) 159 Cal.App.4th 428, 440.) In determining intent, the trier of fact may "consider the relationship of the parties, the nature of the touching, and the presence or absence of
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any nonsexual purpose under section 288." (People v. Martinez (1995) 11 Cal.4th 434, 450, fn. 16.)
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