Bojorquez

In this case, we affirm defendant Frank Martin Bojorquez’s convictions of consensual sexual activity with a confined adult (Pen. Code, § 289.6, subd. (a)(2); all statutory references are to this code), based on his conduct while supervising community work release participants at a county animal shelter. For the reasons explained below, we reject defendant’s argument that the sexual activity did not occur in a “detention facility” within the meaning of section 289.6.

In the unpublished portion of this opinion, we conclude substantial evidence supports defendant’s convictions of sexual penetration and oral copulation by official threat to incarcerate. (§§ 289, subd. (g), 288a, subd. (k).) We therefore affirm the judgment.

I

Factual and Procedural Background

At the time of the incidents involved in this case, the county and sheriff maintained a work release program, known as the Community Work Program (CWP). According to a deputy sheriff assigned to the program, the county established the CWP to ease jail overcrowding. Nonviolent, low-risk inmates sentenced to county jail with terms of 150 days or less could volunteer for the program and work in lieu of jail confinement.…