Does a forcible sex crime have to be considered a non-forcible sex crime under the elements test?
California, United States of America
The following excerpt is from People v. Johnson, E062822 (Cal. App. 2016):
offense of the forcible version of the offense under the elements test because the non-forcible "sex crime[] require[s] the perpetrator and victim to be within certain age limits while the forcible sex crime[] do[es] not." (People v. Scott, supra, 83 Cal.App.4th at p. 794.)
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