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Name: People v. Fox
Case #: F036866
District 5 DCA
Opinion Date: 10/30/2001
Subsequent History: None
Summary

Penal Code section 1192.7, subdivision (c)(6) defines as a serious felony (strike) any lewd or lascivious act on a child under 14, and does not refer to any particular Penal Code section. Following People v. Murphy (2001) 25 Cal.4th 136, the court concluded that the offense defined by the statute need not contain the specific sexual intent element contained in Penal Code section 288, subdivision (a). Thus, defendant’s Oregon conviction for sexual intercourse with a child under 14 qualifies as a strike even though the offense does not require any sexual specific intent.