CALCRIM No. 1112

§ 288(c)(1))

The defendant is charged [in Count] with a lewd or lascivious act

on a 14 - or 15-year-old child who was at least 10 years younger than the

defendant [in violation of Penal Code section 288(c)(1)].

To prove that the defendant is guilty of this crime, the People must

prove that:

<Alternative 1A—defendant touched child>

[1A. The defendant willfully touched any part of a child’s body either

on the bare skin or through the clothing;]

[OR]

<Alternative 1B—child touched defendant>

[1B. The defendant willfully caused a child to touch (his/her) own

body, the defendant’s body, or the body of someone else, either on

the bare skin or through the clothing;]

2. The defendant committed the act with the intent of arousing,

appealing to, or gratifying the lust, passions, or sexual desires of

(himself/herself) or the child;

3. The child was (14/15) years old at the time of the act;

AND

4. When the defendant acted, the child was at least 10 years

younger than the defendant.

The touching need not be done in a lewd or sexual manner.

Someone commits an act willfully when he or she does it willingly or on

purpose. It is not required that he or she intend to break the law, hurt

someone else, or gain any advantage.

[Actually arousing, appealing to, or gratifying the lust, passions, or

sexual desires of the perpetrator or the child is not required.]

[It is not a defense that the child may have consented to the act.]

[In determining whether a person is at least 10 years older than a child,

measure from the person’s birthdate to the child’s birthdate.]

[Under the law, a person becomes one year older as soon as the first

minute of his or her birthday has begun.]

New January 2006; Revised August 2012, August 2014