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PEOPLE v. LEAL

No. S114399.

16 Cal.Rptr.3d 869 (2004)

94 P.3d 1071

33 Cal.4th 999

The PEOPLE, Plaintiff and Respondent, v. Juan Diego LEAL, Defendant and Appellant.

Supreme Court of California.

August 5, 2004.

Attorney(s) appearing for the Case

J. Courtney Shevelson, Carmel, for Defendant and Appellant.

William Richard Such, Palo Alto, and John T. Philipsborn, San Francisco, for California Attorneys for Criminal Justice as Amicus Curiae on behalf of Defendant and Appellant.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass and Gerald A. Engler, Assistant Attorneys General, John H. Deist and Allan Yannow, Deputy Attorneys General, for Plaintiff and Respondent.

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,

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