Touching Must be Done in Lewd and Lascivious Manner
October 5th, 2015
People v. Cellar (2012) 208 Cal. App. 4th 1067, 1071, noted that CC 1120 improperly provides that the “touching need not be done in a lewd or sexual manner.” This language could be interpreted by a jury to negate the requirement in CC 1120 that the touching be done in a lewd or lascivious manner. (Ibid.) The Court of Appeal urged “that the Judicial Council’s Advisory Committee on Criminal Jury Instructions reconsider the language of this sentence and propose new language that simply states that the touching need not be made to an intimate part of the victim’s body, so long as it is done with the required intent.”
However, as of August, 2014 this defect has not been corrected.
Tags: CC1111, Lewd and Lascivious, Sex Offenses