From the California Penal Code Section 288(a): Any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.
this 288(a) says just what it says above. The subsequent numbers (b) (c) etc. elaborate. When the Santa Barbara guy was giving his news conference, he made it a point to say that it wasn't oral copulation, just LEWD AND lascivious behavior. He pointed it out because he didn't want the press to get it wrong. I dug up a transcript of the news conference yesterday, I'll try to find it again today to make sure what I'm saying is backed up. But I think this kind of thing that MTV is putting out is exactly what he was trying to stop.
DeSales is an Orange County criminal defense attorney and former prosecutor for Los Angeles County. The fact that MTV is quoting him doesn't detract from his credentials.
288(a): Any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1
You might check Part 1 of the statute to see what crimes are provided for there.
When the Santa Barbara guy was giving his news conference, he made it a point to say that it wasn't oral copulation
Whether or not Jackson is being charged with oral copulation, I don't know. If the DA said no in a press conference, then I'd believe him. I didn't see the news conference. But, Section 288(a) would be the appropriate code with which to file that charge.