California, United States of America
The following excerpt is from People v. Angeles, B293739 (Cal. App. 2020):
Angeles concedes that, in committing the acts charged in counts 1, 6, and 7, he "used some slight degree of force beyond that which was absolutely necessary for and/or inherent in the unlawful touching itself." Citing People v. Schulz (1992) 2 Cal.App.4th 999 (Schulz) and People v. Senior (1992) 3 Cal.App.4th 765 (Senior), Angeles contends, however, that "there was insufficient evidence that counts 1, 6, or 7 were forcible because [he] did not use force 'substantially different or substantially greater than that necessary to accomplish the lewd act itself.'" His reliance on these cases is misplaced.
Page 12
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.