Penetration is not required for conduct to be sexual. Physical penetration tends to turn lewd conduct into a more severe type of crime, like: rape, sexual assault, or sexual battery. Sexual acts with children that involve penetration are treated even more severely. In California, they are often charged as: Statutory rape (California Penal Code 261.5 PC), Aggravated sexual assault (California Penal Code 269 PC), or Oral copulation with a minor (California Penal Code 287 PC).