In re M.G. CA2/7

INTRODUCTION

The juvenile court declared 12-year-old M.G. a ward of the court under Welfare and Institutions Code section 602 after finding true the allegation that he had violated Penal Code section 288, subdivision (b)(1),1 by committing a lewd act on a child by force or fear. On appeal, M.G. contends the juvenile court erred because there was not substantial evidence that he had the specific intent to arouse his sexual desires. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Petition An amended petition filed pursuant to Welfare and Institutions Code section 602 alleged that in 2012 M.G. committed a forcible lewd act upon a child, R.R., in violation of section 288, subdivision (b)(1).

B. The Jurisdiction Hearing The evidence at the jurisdiction hearing established that both M.G. and R.R. were 12 years old on May 2, 2012, when the alleged lewd act occurred at a Compton middle school. The primary issue at the hearing was whether M.G. had committed the alleged acts with the intent to sexually arouse himself as required by section 288, subdivision (b)(1).

All statutory references are to the Penal Code unless otherwise indicated. The juvenile court granted…