In re M.M. CA2/8

FACTS

In December 2011, the Los Angeles County District Attorney filed a petition alleging that the minor came within the provisions of Welfare and Institutions Code section 602, in that he committed the crime of misdemeanor sexual battery in violation of Penal Code section 243.4, subdivision (e)(1) [―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‖]. The minor denied the allegation, but the evidence presented to the juvenile court established all the elements of the crime. The minor, the female victim, and M.O, the victim‘s very close friend, were students at the same high school. During a class, all the students were playing a game requiring them to get up and change seats from time to time. When the victim got up to change seats during the game, the minor reached out and touched the victim‘s crotch area with his right hand. M.O. saw the minor touch the victim in her crotch area, and another student saw the minor touch the victim on her ―thighs, butt,‖ but could not see ―how far in…