Mayberry Defense Applies to Misdemeanor Sexual Battery
September 19th, 2016
People v. Andrews (2015) 234 CA4th 590, 592 considered whether the Mayberry [People v. Mayberry (1975) 15 Cal.3d 143] defense of honest and reasonable belief in consent is applicable to the crime of misdemeanor sexual battery. Andrews concluded that in an appropriate case honest and reasonable belief in the victim’s consent may be a valid […]
Tags: CC 935, CC 938
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