What is the definition of force in section 288, subdivision (b) of the California Penal Code?
California, United States of America
The following excerpt is from People v. Ortiz, H036150 (Cal. App. 2012):
The word "force" as used in section 288, subdivision (b), must be " be 'substantially different from or substantially greater than that necessary to accomplish the lewd act itself.' [Citation.]" (People v. Soto (2011) 51 Cal.4th 229, 242.) The People correctly do not contend that the evidence was sufficient to prove force but rather argue that the evidence was sufficient for the jury to find duress.
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