Wallace

Defendant John Alan Wallace appeals from the judgment of convictions following his jury trial on charges of violating: Penal Code section 288, subdivision (c), a lewd and lascivious act upon a minor by a person with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of the child, a felony (counts I & II); section 311.4, subdivision (c), inducing a minor to engage in preparing a film involving sexual conduct, a felony (count III); and section 647.6, annoying or molesting of children under the age of 18, a misdemeanor (count V). The case arises out of defendant’s attempt to persuade two 15-year-old girls to do a striptease while he videotaped them. Defendant’s appeal relates primarily to questions of whether the girls’ conduct as depicted on the videotape constituted lewd or lascivious acts for purposes of section 288 and whether the jury instructions correctly defined the crimes charged.

To resolve these issues, this court must decided whether section 288 proscribes any touching (upon the body of a minor) plus the requisite specific intent, or a lewd or lascivious touching with the requisite specific intent. As we…