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PEOPLE v. SOTO

No. S167531.

51 Cal.4th 229 (2011)

THE PEOPLE, Plaintiff and Respondent, v. JAIME VARGAS SOTO, Defendant and Appellant.

Supreme Court of California.

January 20, 2011.

Attorney(s) appearing for the Case

Heather MacKay , under appointment by the Supreme Court, for Defendant and Appellant.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Manuel M. Medeiros , State Solicitor General, Gerald A. Engler , Assistant Attorney General, Donald E. de Nicola , Deputy State Solicitor General, Stan Helfman , Mark S. Howell , Laurence K. Sullivan and Jeffrey M. Laurence , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CORRIGAN, J.—

The Legislature has made it a crime to commit a lewd or lascivious act on a child under age 14. (Pen. Code, § 288, subd. (a).) It has mandated additional penal consequences when the act is committed "by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim." (Pen. Code, § 288, subd. (b)(1).)1 Unlike the crime of rape, there is...

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