Is a non-forcible sex crime considered a lesser included offense of the forcible sex crime?
California, United States of America
The following excerpt is from People v. Johnson, E062822 (Cal. App. 2016):
Under the elements test, the non-forcible offense is not a lesser included offense of the forcible offense 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 (2000) 83 Cal.App.4th 784, 794.)
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