Is a failure to instruct a jury on a lesser included sex offense harmless?

Courts from other states have applied the same principles in finding harmless a trial court's failure to instruct on a lesser included sex offense if the jury was given a lesser offense option such as battery. For instance, in Sherrer v. State (Fla.App. 2005) 898 So.2d 260, the defendant was charged with, and convicted of, "lewd and lascivious molestation." (Id. at p. 261.) On appeal, he argued that the trial court should have instructed the jury on the lesser included offense of "unnatural and lascivious act." (Ibid.) The court found the error harmless "because the court did instruct the jury on simple battery as a lesser-included offense. [Citations.]" (Ibid., fn. omitted; see also State v. Bowles (Tenn. 2001) 52 S.W.3d 69, 78 [defendant charged with aggravated rape; failure to instruct on sexual battery harmless where jury was given the option of convicting defendant of rape and aggravated sexual battery].)