Does Section 288 of the California Child Abuse and Lascivious Act apply to a person who wilfully and lewdly commits any lewd act?

5 Section 288 imposes felony liability upon "[a]ny person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child...." (Id., subd. (a).) Defendant was convicted under subdivision (b), which applies to anyone who "commits an act described in subdivision (a) by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim...." (Italics added.) We quote the statute as most recently amended in 1994, after defendant's crimes were committed. There is no substantive difference between the current version of the statute and the version that existed at the time of defendant's crimes. Only "prepositions, commas, and verb tense" have been changed. (People v. Scott (1994) 9 Cal.4th 331, 342, fn. 5, 36 Cal.Rptr.2d 627, 885 P.2d 1040.)