In re David H. CA4/3

DISCUSSION

Substantial Evidence Supports the Juvenile Court’s Finding Minor Committed Sexual Battery Section 243.4, subdivision (e)(1), provides, “Any person who touches an intimate part of another person, if the touching is against the will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of misdemeanor sexual battery . . . .” In re Shannon T. (2006) 144 Cal.App.4th 618 (Shannon T.) held “‘sexual abuse’” in section 243.4 encompassed “a purpose of insulting, humiliating, intimidating, or physically harming a person sexually by touching an ‘intimate part’ of the person . . . .” (Shannon T., supra, 144 Cal.App.4th at p. 621.) Abuse is not limited to physical injury and includes emotional harm caused by offensive conduct. (Id. at p. 622; People v. White (1986) 179 Cal.App.3d 193, 205 [“abuse” imports an intent to injure or hurt badly, not lewdness, and when mistreatment is directed to a victim’s sexual parts, the resulting conduct may be considered sexual abuse]; § 289.) Minor contends “[t]he act of grabbing Taylor’s breast and the surrounding circumstances do not indicate [minor] had the requisite intent.…