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.)
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