Is Misdemeanor Sexual Battery a Lesser Included of Sexual Battery by Fraud?
March 16th, 2015
There is a split of authority among the Courts of Appeal on the question of whether or not misdemeanor sexual battery (PC 243.4(e)(1)) is a lesser included offense of sexual battery by fraud (PC 243.4 (c)(3).) (See, People v. Babaali (2009) 171 Cal.App.4th 982 and People v. Smith (2010) 191 Cal.App.4th 199.)
In People v. Robinson, DEPUBLISHED, S220247(G048155) 227 Cal. App. 4th 387, 399 [nf] the California Supreme Court granted review to resolve this conflict.
Tags: CC 937, CC 938, lesser included offenses, Sexual Battery