Legal Question in Criminal Law in California

what exactly is "lewd acts with a minor entail? I know someone that was convicted of this 'crime' when he was drunk flat on the floor passed out when a minor (who was sexually abused) found him and molested him attempting to initiate a sexual penetration. When he realized what was going on he jumped up and proceeded to vomit from the disturbing events that were about to take place. Still after legally being found not the aggressor in that situation, he was charged with this horrible crime with 2 counts as another minor child had witnessed part of the events that had taken place.


Asked on 9/12/10, 11:24 am

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

California Penal Code 288 defines lewd acts as touching "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."

It doesn't matter if the child was the "aggressor." The adult is expected to stop inappropriate behavior by the child.

If your friend was convicted, the jury obviously didn't believe that that the child just pounced on him while he was passed out drunk and unaware of what was happening.

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Answered on 9/18/10, 1:13 pm


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