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 […]
Tags: CC 937, CC 938, lesser included offenses, Sexual Battery