California, United States of America
The following excerpt is from People v. Steskal, 11 Cal.5th 332, 277 Cal.Rptr.3d 604, 485 P.3d 1 (Cal. 2021):
First, the question whether there was an actual or implied threat of violence was not for the jury to decide. "Although the question of whether the acts occurred is a factual matter for the jury, the characterization of those acts as involving an express or implied use of force or violence, or the threat thereof, is a legal matter for the court to decide." ( People v. Manibusan (2013) 58 Cal.4th 40, 96, 165 Cal.Rptr.3d 1, 314 P.3d 1.)
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