The defendant is charged [in Count ] with committing a
lewd or lascivious act on a child under the age of 14 years.
To prove that the defendant is guilty of this crime, the People
must prove that:
[1A. The defendant willfully touched any part of a child’s
body either on the bare skin or through the clothing;]
[OR]
[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;
AND
3. The child was under the age of 14 years at the time of the
act.
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.