People v. Leal

Opinion

MORENO, J.

Penal Code section 288, subdivision (b)(1), makes it a felony to commit a lewd act upon a child under the age of 14 years “by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury . . . .” Nearly two decades ago, the Court of Appeal defined the term “duress” as used in this statute to include a threat of hardship. (People v. Pitmon (1985) 170 Cal.App.3d 38, 49 [216 Cal.Rptr. 221].) The Legislature later incorporated this definition of “duress” into the statute defining rape (former Pen. Code, § 261, subd. (b), added by Stats. 1990, ch. 630, §…