In a case in which appellant, a massage therapist, was charged with sexual offenses against his clients, the Court of Appeal holds that there was sufficient evidence of restraint to support a conviction under PC 243.4(a). However, the court further finds that “the issue is close and that the evidence did not compel such a finding”; thus, the jury should have also been instructed on the lesser included offense of misdemeanor sexual battery (PC 243.4(e)).
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