California, United States of America
The following excerpt is from People v. E.L., E060556 (Cal. App. 2015):
offense. (People v. Ngo (2014) 225 Cal.App.4th 126, 157.) The attempted and completed offenses each require "the specific intent to gain sexual arousal or gratification or to inflict abuse on the victim." (People v. McCoy (2013) 215 Cal.App.4th 1510, 1538 [completed offense of forcible sexual penetration, in violation of 289, is a specific crime]; People v. Ngo, supra, at p. 157 [attempt to commit nonforcible sexual penetration, in violation of 288.7, subd. (b), is a specific intent crime].) The attempted offense is distinguished from the completed offense, "only by the failure to complete the actus reus" of sexual penetration or oral copulation. (People v. Ngo, supra, at p. 157.)
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