What is the test for unlawful restraint in sexual assault cases?

^3. Defendant does not specify whether he means felony sexual battery, which requires unlawful restraint (Pen. Code, 243.4, subd. (a)) or misdemeanor sexual battery, which does not (Pen. Code, 243.4, subd. (e)). However, he relies on People v. Ortega (2015) 240 Cal.App.4th 956, which held, among other things, that "penetration by 'force, violence, duress, menace, or fear of immediate and unlawful bodily injury' cannot occur without the victim being unlawfully restrained." (Id. at p. 966.) Hence, he seems to mean felony sexual battery.

^4. Defendant does not argue that there was anything improper about this; thus, he has forfeited any such argument.