Self

Christopher Donald Self appeals from a judgment of conviction for commission of a lewd or lascivious act upon a child under the age of 14 (Pen. Code, § 288, subd. (a)). We hold the court erred in instructing the jury by defining a lewd or lascivious act as “any touching” with the required intent, since the law requires a sexual act, but the error was harmless beyond a reasonable doubt.

Self molested his seven-year-old niece, Stephanie, in the home of his mother, Carol.

Carol testified as follows: She had sent Stephanie to wake Self, who was sleeping in a bedroom. Stephanie was wearing a bathing suit and T-shirt. When Carol subsequently looked into the bedroom, Stephanie was lying on her back on top of Self, who was also on his back. Stephanie’s head was “snuggled” on Self’s neck. They were “kind of rocking back and singing,” and Self was hugging her. His hands were on the inside of Stephanie’s thighs.

Carol testified the situation “just [didn’t] look right,” although she denied that Self’s hands were where “everybody is insinuating.” However, Stephanie testified Self touched her between her legs with his finger and moved Ms finger in circles, and she could feel Ms…