Does the language in Section 288, subdivision (b) of the California Criminal Code, which refers to force, need to be interpreted as "force"?
California, United States of America
The following excerpt is from People v. J.H. (In re J.H.), H044463 (Cal. App. 2018):
First, as pointed out by another panel of this court in People v. Bolander (1994) 23 Cal.App.4th 155, 160, the language in Senior regarding force was arguably dicta because the court found sufficient evidence that the defendant committed the charged offenses through duress, not force. Furthermore, the panel in Bolander expressly disagreed with Senior's "interpretation of the 'force' requirement of section 288, subdivision (b)." (Ibid.)
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