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Name: People v. Sigala
Case #: B222758
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 01/06/2011
Summary

CALCRIM No. 1120, defining continuous sexual abuse of a minor, correctly states the law by advising the jury that the touching need not be done in a lewd or sexual manner. Appellant, convicted of three counts of continuous sexual abuse of his granddaughters (Pen. Code, sec. 288.5), claimed on appeal that CALCRIM No. 1120 erroneously instructed the jury that the touching need not be done in a sexual or lewd manner. Section 288.5, as pertinent here, may be violated by three or more acts of lewd or lascivious conduct as defined in Penal Code section 288. CALCRIM No. 1120 defines lewd or lascivious conduct as any willful touching of a child with intent to arouse the child or perpetrator. In People v. Martinez (1995) 11 Cal.4th 434, the Supreme Court stated that the touching must be accompanied by intent for sexual gratification but that the act otherwise is not restricted, and the touching need not be done in a lewd or sexual manner. In accord with Martinez, then, CALCRIM No. 1120 is a correct statement of the law.