A person who willfully and lewdly commits any lewd or lascivious act, upon or with the body, or any part or member thereof, of a child who is under the age of 14 gratifying the lust, passions, or sexual desires of that person or the child may be charged with Lewd Acts with a Minor. Use of force, violence, duress, menace or fear of immediate and unlawful bodily injury may trigger sentence enhancements of up to 10 years.
What does the prosecutor have to prove?
1. Defendant willfully and lewdly touched the body of a child.
2. The child was under 14 years of age.
3. The touching was done with the intent to arouse, appeal , or gratify the lust, passions, or sexual desires of the defendant or the child.
With probation 0-364 days