What is the "force" requirement of section 288, subdivision (b)(1) of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Palomar, F067273 (Cal. App. 2015):
The "force" requirement of section 288, subdivision (b)(1) will be deemed satisfied when the defendant uses any force that is "different from and in excess of the type of force which is used in accomplishing similar lewd acts with a victim's consent." (People v. Neel (1993) 19 Cal.App.4th 1784, 1790.) "According to the majority of
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